The following terminology applies to these terms and conditions (“the Terms”), the Booking or Order (“Booking/Order”) and any other special conditions agreed in writing between The Parties:
“The Videographer/Photographer” shall mean Moving Films Limited or any contractor or representative appointed by Moving Films Limited.
“The Client” shall be those whose name appears on the contract.
“The Parties” shall mean both The Client and The Videographer/Photographer.
“Entire Agreement” or “This Agreement” shall mean the Booking, together with these standard terms and conditions and any other special conditions agreed in writing between The Parties. It contains the entire understanding between The Videographer/Photographer and The Client and supersedes all prior and simultaneous agreements between The Parties. Any variation or modification to this agreement shall not be valid unless in writing and agreed to and e-signed/click-to-accept/signed by all Parties to this Agreement. The Parties to this agreement intend to be bound by these Terms.
1.0 INSTRUCTIONS MUST BE IN WRITING
1.1 The Client must ensure that all instructions and expectations regarding the Booking/Order (and any subsequent variations) are agreed to in writing.
2.0 SEPARATE AGREEMENTS
2.1 Each separate Booking made by The Client shall, together with these terms and conditions and any other special conditions agreed in writing between The Parties, constitute a separate Agreement between The Parties.
3.0 DATE RETAINER AND BOOKING
3.1 To reserve your date a non-refundable date retainer of 30% of the package price together with this electronically signed and/or accepted agreement, are required. This retainer is applied to the package you have selected, with the total balance due, two (2) weeks before the Event Day.
3.2 The Client understands and agrees to pay the total balance for the selected package, two (2) weeks before the Event Day.
3.3 The Client agrees if the balance is not paid by due date: The Videographer/Photographer will not shoot the Event as per the Agreement; The Client accepts the loss of the 30% date retainer and no liability to The Videographer/Photographer.
4.0 SERVICES PERFORMED BY THE VIDEOGRAPHER/PHOTOGRAPHER AND ADDITIONAL COVERAGE
4.1 The Videographer/Photographer will consult with The Client prior to the Event Day to review any requests with regard to, must-have moments to be captured, the timeline for events and if practicable, viewing the venue.
4.2 On the Event Day, The Videographer/Photographer will arrive at the agreed start time, provide photography and/or videography services throughout the event and conclude services at the time agreed, unless the Parties agree to extend services. Extended service will be charged at the current hourly rate that pertains to that package.
4.3 Should The Client request additional travel time, which is not included in the agreed Package, this will be charged out at $1.50 per kilometre.
4.4 The Photographer/Videographer has the right to refuse to shoot elements they find morally objectionable.
5.0 TRAVEL AND ACCOMODATION COSTS
5.1 The Videographer/Photographer agrees to cover all travelling costs associated within their shooting area (North to Kumeu, South to Pokeno, excluding Waiheke Island and surrounding islands). Any travelling to areas outside of this shall be payable by The Client, including, but not limited to any accommodation costs.
5.2 Distances beyond this shooting area will incur a travel charge which will be calculated and added to your package price. Should The Videographer/Photographer need to include accommodation, this too will be calculated and added to your package price.
5.3 Where travel and accommodation needs to be booked and paid in advance, this will need to be paid by The Client at the time of booking.
6.0 SHOOTING TIME AND CO-OPERATION OF EVENT ATTENDEES AND ORGANISERS
6.1 During pre-production planning, The Videographer/Photographer endeavours to cover off the key moments and must-have moments of the day. The runsheet and shoot checklist is designed to accomplish the goals and wishes of The Client in an enjoyable manner. The Parties agree that co-operation and punctuality by all members of the event are therefore essential to that purpose.
6.2 Late arrival could reduce the amount of time for the planned coverage and The Videographer/Photographer shall not be held liable for failure to capture desired footage/images.
6.3 The Videographer/Photographer is not responsible if key individuals fail to appear, fail to co-operate during the day, or for failure to capture images/images due to details not revealed to The Videographer/Photographer.
7.0 SECOND SHOOTERS/OPERATORS
7.1 If necessary, The Videographer/Photographer may recommend and/or The Client may request an add-on of a second shooter or an additional camera operator to their Package for an extra charge.
7.2 The Videographer/Photographer may use a second shooter or additional camera operator. It is the responsibility of The Videographer/Photographer to arrange a videographer/photographer who they feel confident has the knowledge and equipment to perform at The Videographer/Photographers standards. The Client will not be involved in the selection of the second shooter or additional camera operator.
7.3 The Client also understands that the second shooter or additional camera operator is working as an assistant to The Videographer/Photographer and will not be delivering a separate gallery or edited product to The Client.
7.4 The Client agrees to not contact the second shooter or camera operator privately, before or after the Event, to request footage or photos from the Event or for any other reason relating to the Event.
8.0 EVENT MEALS
8.1 The Client will provide a hot meal for The Videographer/Photographer if the package runs longer than five (5) hours. For The Videographer/Photographer to provide the best service for you, and because footage and/or images of people eating are not generally required, meals should ideally be served at the same time as other event attendees are having their meal. Please convey this to your venue/caterers – as most venues normal practice is to feed vendors last.
8.2 In the event that a hot meal is not provided, The Videographer/Photographer retains the right to leave the venue to have a meal. In this instance The Videographer/Photographer cannot be held liable for any coverage not completed during this time.
9.0 PERMISSION TO FILM AND PHOTOGRAPH EVENT ATTENDEES
9.1 It is The Client’s responsibility to gain permission from all event attendees to be filmed and photographed.
9.2 The Videographer/Photographer understands that in some circumstances, certain guests may not want to be filmed or photographed. Anyone who does not grant permission to be filmed or photographed must be communicated to The Videographer/Photographer in writing, prior to the Event Day and pointed out to The Videographer/Photographer on the event day prior to the main events taking place.
10.0 COVERAGE AND ARTISTIC LICENCE
10.1 The Client will be responsible for or have someone designated, to identify people of whom specific group shots are desired.
10.2 The Videographer/Photographer will not be held accountable for not shooting desired people if there is no one to assist in identifying people or gathering people for group shots.
10.3 The Videographer/Photographer shall be granted artistic license in relation to the direction of the Couple and the locations used. The Videographer/Photographer’s judgment regarding the locations, poses and number of images taken shall be deemed correct. Due to the variables of the weather and the willingness of subjects, it may not be possible to capture all the footage/images requested.
10.4 For a religious event involving a Church and related clergy, The Videographer/Photographer’s movements are sometimes restricted by the Minister in charge, which could mean the The Videographer/Photographer is directed to shoot from a specific place. If this happens and The Videographer/Photographer has no choice in this situation, The Client agrees that The Videographer/Photographer cannot accept responsibility for any obstructed view resulting in diminished coverage.
10.5 The Videographer/Photographer may also be limited by the guidelines of ceremony officials or reception site management. The Client agrees to accept the technical results of their imposition on The Videographer/Photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility.
10.6 Every reasonable effort will be made to capture footage and images as requested and agreed, but The Client accepts that no specific shot can be promised. Any lists, weblinks or images of inspiration supplied will be used for creative planning purposes only.
10.7 The overall colour grading of delivered footage, edits and images are at the discretion of The Videographer/Photographer and constitutes part of the Artistic licence of the finished works.
10.8 Audio is recorded using camera microphones and digital recorders. While care is taken to ensure clear audio is captured to include in your raw footage, The Client accepts that The Videographer/Photographer is not liable for circumstances that compromise the quality of any recorded audio. Such circumstances may include but are not limited to, faulty PA and sound systems and equipment, mechanical failure, interference, traffic, guests and any other audible disturbances within or beyond the control of The Videographer/Photographer.
10.9 The Videographer/Photographer agrees to conduct minor retouching to each of the footage and/or images to the extent that The Videographer/Photographer believes necessary in their sole opinion and whilst acting reasonably. Minor retouching includes, but is not limited to, colour correction, spot removal and red eye removal.
10.10 Any extra retouching, digital manipulation and artistic finishing to the footage and/or images is available to The Client as an optional extra and will be quoted for separately.
10.11 If The Videographer/Photographer produces Videographic or Photographic Works that are in the same style and structure as The Videographer/Photographer’s past work (by reference to The Videographer/Photographer’s portfolio), the Client is deemed to have accepted The Videographer/Photographer’s artistic interpretation.
11.0 MUSIC LICENSING
11.1 For copyright compliance purposes any audio recordings used within the Videographic Works are intended for personal, domestic use. The Client releases Moving Films Limited and its contractors, subsidiaries and representatives from legal action as a result of unauthorised broadcast, duplication, or distribution of Videographic Works that include audio recordings.
11.2 The Videographer/Photographer accepts no liability for any sharing, copying or use of unlicensed music in its finished Videographic Works
11.2 Moving Films Limited obtains individual licences from audio libraries for non-commercial music used in its finished Videographic Works. Refer to those licences for usage, terms and conditions specific to that songs licence.
12.0 FINAL DELIVERY
12.1 The Client understands that no part of the Package, including previews, will be delivered until the outstanding balance has been paid in full.
12.2 The post-production of your footage and/or images is a time intensive and creative process, and as such, there is no maximum editing hours assigned to each job, but instead, each is lovingly crafted into its finished form. As a guide only, The Videographer/Photographer aims to deliver the following items where included in The Client’s package: weblinks to photo galleries within six (6) weeks, album design three (3) weeks following gallery delivery, teaser trailers within two (2) weeks of the event date, the highlights film proof edit within eight (8) weeks, the highlights film final edit and cleaned up raw footage three (3) weeks following receipt of changes, USB flash drive couriered one (1) week after that, thus completing the Package. These timeframes could extend due to peak season.
12.3 Online photo galleries will be live for a minimum of twelve (12) months. In this time, it is The Client’s responsibility to download a copy of their images to their own storage devices for their safekeeping. After this time, the gallery may be taken down from the gallery website.
12.4 The Client may request to extend their photo gallery online for a further twelve (12) months at an additional charge.
12.5 The Videographer/Photographer will use their professional judgement and sole discretion to select which footage and/or images to deliver.
12.6 The Videographer/Photographer will not be liable for any loss or damage arising from any reason or any delay in the completion of the Videographic or Photographic Works.
13.0 COPYRIGHT & LICENCE GRANTED TO CLIENT
13.1 The copyright in all Videographic or Photographic Works resulting from the Booking/Order remains the property of The Videographer/Photographer. The Videographer/Photographer does not accept commissions to create Videographic or Photographic Works. These terms override section 21(3) of the Copyright Act 1994.
13.2 Conditions of Licence: The Videographer/Photographer grants The Client permission to use the Videographic or Photographic Works for private and personal reproduction and sharing to social media for sharing and enjoyment of friends and relatives.
13.3 Any Videographic or Photographic Works which are intended to be distributed (i.e. emailed, uploaded onto social networking sites) shall be credited to ‘Moving Films’ or through a link to either Facebook, Instagram or website.
13.4 The Videographic or Photographic Works shall not be altered or edited in any way without the prior consent of The Videographer/Photographer.
12.5 The Client must obtain written permission from The Videographer/Photographer prior to The Client or their friends and relatives publishing the images in any magazine, blog or publication or before lending or selling the photographs for profit or any commercial purposes.
13.6 The Client shall not provide footage and/or images to other vendors without the consent of The Videographer/Photographer. Any contracted use of this footage and/or images is between The Videographer/Photographer and the vendor in question. No rights to these images may be transferred to any other person or company, whether for profit, or as a gift.
13.7 The Client acknowledges that The Videographer/Photographer has permission to enter the Videographic or Photographic Works into competitions or awards and for their use in any material published in connection with promoting those competitions or awards; and advertise or otherwise promote The Videographer/Photographer’s work; and to distribute an album of images to vendors for them to share online and in print; and submit the footage and/or images for features in magazines or industry blogs and websites; and submit the Videographic or Photographic Works for display at art galleries or other premises; and use the Videographic or Photographic Works for any purpose within The Videographer/Photographer’s business activities including but not limited to their website, social media and advertising.
13.8 The Client hereby relinquishes any right to examine or approve the completed product, the copy or any printed matter that may be used in conjunction therewith or the use to which it may be applied. This agreement shall be binding upon The Client, their inheritors or successors, legal representatives, or other delegates. Should the marriage be dissolved, this agreement shall continue to be binding upon all parties.
13.9 Raw footage, raw files, negatives/digital files remain the sole property of The Videographer/Photographer.
13.10 You may not sell the image files or prints produced from the files whether in original form, or after any amount of alteration. Other persons may not use the image files as a basis for the creation of any artworks if that artwork is to be used for any commercial purpose.
13.11 Copyright in any new Videographic or Photographic Works created from any manipulation, alteration, distortion or overprinting of text of the licensed Videographic or Photographic Works shall remain with The Videographer/Photographer and shall be licensed to The Client on the same terms and conditions of this Agreement.
13.12 The Client will be personally liable for communicating the limitations of this Agreement to any person who receives a copy of the images, and are personally liable for any illegal uses that arise from the distribution of these images to other persons.
13.13 Any breach of the Agreement by The Client which results in damage to the professional reputation of The Videographer/Photographer, entitles The Videographer/Photographer to compensation from The Client for that damage in addition to any other remedies available to The Videographer/Photographer.
13.14 If in doubt or if you have a question about any specific usage, please contact The Videographer/Photographer to ask for clarification or permission before proceeding with such use.
14.0 ALTERATIONS TO THE AGREEMENT
14.1 The Client shall notify The Videographer/Photographer immediately of any changes in the event details, schedule or locations, at least seven (7) days in advance of the scheduled event. If The Client notifies The Videographer/Photographer by phone, a written (i.e. email) confirmation must be sent within two (2) days of such notification.
14.2 The Videographer/Photographer shall not be held liable for any losses resulting in the failure to communicate said alterations.
15.1 Although every possible care will be taken to capture footage and/or images of all important and key moments during the event, The Videographer/Photographer cannot place an unconditional guarantee on the above.
15.2 The Videographer/Photographer will endeavour to supply the approximate number of shots stated in the Package but due to uncontrollable circumstances, that number is not guaranteed. Such circumstances may include but are not limited to, inclement weather conditions, timing delays, or changes to the event.
15.3 The Videographer/Photographer will not be held responsible for any ruined footage and/or images due to guests’ (or any other) flashes, or any other cause outside of The Videographer/Photographer’s control.
16.0 EXCLUSIVITY & OTHERS TAKING FOOTAGE AND/OR PHOTOS
16.1 So that you receive the best service possible, The Videographer/Photographer must be the only vendor offering a videography service at the event if providing only a videography service, or be the only vendor offering videography and photography service if providing both videography and photography services at the event (excluding Photobooth vendors). Other vendors offering videography or photography as an ‘add-on’ to their primary service are also not allowed.
16.2 To capture formal family and group portraits and creative footage and/or images, guests cannot be permitted during the formal/creative sessions.
16.3 The Client accepts that if guest or vendor interference, time constraints, schedule changes or any other disturbances inhibit The Videographer/Photographer’s ability to fully document your event, the Parties agree that The Videographer/Photographer will not be held responsible for shots missed or compromised.
16.4 During the formal/creative session, it is asked that no other still photographs are taken other than by prior mutual agreement.
17.0 CANCELLATION OR POSTPONEMENT OF BOOKING
17.1 Effective postponement or termination of the Order by The Client must be in writing and give reasonable notice to The Videographer/Photographer as described below.
17.2 As the Agreement is date specific and there are limited dates available for The Videographer/Photographer to take bookings, for this reason, the Date Retainer is non-refundable. This applies even if the date is changed or if the event is cancelled or any other reason, including but not limited to; acts of God, earthquake, flood, fire, warfare, pandemic, government laws or regulations, accidents, electrical failure, interruption in transportation, strikes by suppliers.
17.3 If the postponement is due to a governmental lockdown where events cannot legally take place then section 25.0 PROTOCOLS IN EVENT OF HEALTH PANDEMIC OR STATE OF EMERGENCY comes into effect.
17.4 Cancellations are accepted up to 60 days prior to the event, with a refund of any payments made, excluding the non-refundable date retainer.
17.5 Cancellations within 60 days of the event are required to be paid in full, to cover losses suffered by The Videographer/Photographer and their inability to re-schedule work and/or re-allocate resources for the original date.
17.6 Unless the date can be booked for an event of similar value, the Booking appointment and any fees paid prior to cancellation or postponement of the appointment, are transferable to another person, as if it were the original person, as long as the Booking is similar and the date and time of the appointment are not changed.
17.7 If The Videographer/Photographer cancels for any reason, all payments received will be refunded with exceptions to reasons outlined in other clauses.
17.8 The Client acknowledges and agrees that these cancellation/postponement fees fairly reflect the loss suffered by The Videographer/Photographer and the ability to re-schedule work and re-allocate resources, depending upon the amount of notice given.
17.9 The Client is hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.
18.0 THE VIDEOGRAPHER/PHOTOGRAPHER NOT LIABLE FOR LOSSES
18.1 Except as provided by the Consumer Guarantees Act 1993, The Videographer/Photographer shall not be liable for:
18.1(a) Any loss or damage arising by reason of any delay in the completion of the Videographic and/or Photographic Works; or
18.1(b) Any loss of profits or revenues; or
18.1(c) Any indirect or consequential loss of whatever nature; or
18.1(d) Any loss resulting from any errors or omissions arising from an oversight or a misinterpretation of The Client’s verbal instructions.
19.0 LIMITED LIABILITY
19.1 All care and diligence will be exercised in the performance of this Agreement and that the liability is limited to monies paid should mechanical failure, theft, accident, ill health or any other mishap occur which prevents the fulfilment of the Agreement.
19.2 The Client agrees that an entire special event cannot be replicated, re-enacted or repeated for the purpose of a re-shoot and limits The Videographer/Photographer’s liability to the amount paid under this Agreement.
19.3 In the unlikely event of a total mechanical failure (including but not limited to lost, stolen or destroyed equipment, storage, footage and/or images) or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss.
19.4 The Client accepts that if guest or vendor interference, time constraints, schedule changes or any other disturbances inhibit The Videographer/Photographer’s ability to fully document your event, the Parties agree that The Videographer/Photographer will not be held responsible for shots missed or compromised.
19.5 The Videographer/Photographer takes the utmost care with capture, storage and processing of all footage and images using professional grade equipment and backup equipment. However, in the unlikely event those files have been lost, stolen, or destroyed for reasons within or beyond The Videographer/Photographer’s control, The Videographer/Photographer’s liability is limited to the return of all payments received for the package. The limit of liability for a partial loss of shall be a prorated amount based on the percentage of total edited minutes or number or images delivered.
19.6 The Videographer/Photographer’s liability to The Client for any and all costs, loss or damage suffered by The Client, however caused (including negligence), arising out of or connected with the performance or failure of performance of any Videographic and/or Photographic Works or videographic or photographic services supplied by The Videographer/Photographer, shall not exceed the full value of the payments made by The Client under the Agreement.
19.7 Due to a variety of lighting conditions and the limitations of professional digital capture, some colours may alter slightly in both video and photo. Please note that certain colours do not reproduce exactly into a digital image and it is sometimes impossible to record digitally the exact colour as seen by the human eye and cannot guarantee exact colour matching.
19.8 Where The Videographer/Photographer supplies The Client with photographic prints, The Client acknowledges that Photographic Works may fade or discolour over time due to the inherent qualities of materials used, and releases The Videographer/Photographer from any liability for any claim based upon fading or discolouration.
20.1 The Client undertakes to indemnify the Photographer for any loss, claims, costs, damages, or expenses (including costs incurred on a solicitor client basis) suffered or incurred as a result of:
20.1(a) Any breach by the Client of the Agreement;
20.1(b) Any illegal or defamatory Photographic Works produced for the Client;
20.1(c) Any infringement of an intellectual property right of any person; or
20.1(d) In recovering any moneys due.
20.2 Such loss, claim, damage or expense shall be monies due for the purposes of these terms and conditions.
20.3 The Client is responsible for obtaining any authorisation, clearance, licence or other form of approval necessary for the lawful use of third party intellectual property works.
20.4 The Client is responsible for acquiring all permits and necessary permission for all locations on which The Videographer/Photographer will be performing services.
21.0 IMAGE LIFESPAN & STORAGE OF DIGITAL VIDEOGRAPHIC AND PHOTOGRAPHIC WORKS
21.1 The Videographer/Photographer is not responsible for the life span of any digital technology or media readers that might result in an inability to read discs or USBs or any other digital means provided after six (6) months.
21.2 It is The Client’s responsibility to ensure footage and/or images are copied to new technology.
21.3 All reasonable steps to protect the footage and/or images that are recorded at the event will be taken until the final Videographic and/or Photographic Works are delivered.
21.4 Once The Client receives the Videographic and/or Photographic Works, they accept all responsibility for archiving and protecting any digital files related to the event.
21.5 The Videographer/Photographer is not responsible for the lifespan of any digital media provided, or for any future changes in digital technology or media readers that might result in an inability to read the data provided.
21.6 It is The Client’s responsibility to make sure that digital files are copied to new media and backed up as required. The Videographer/Photographer strongly recommends keeping at least one archival back-up of your digital files in a different location (e.g. online backup).
21.7 While The Videographer/Photographer will follow their usual backup procedures upon delivery, The Videographer/Photographer shall not be liable under any circumstances if unable to produce backups or future reproductions of the Videographic and/or Photographic Works upon the request of The Client.
21.8 Where backups are available, these may be made available to The Client for a fee.
22.0 PRIVACY AND PERSONAL INFORMATION
22.1 The Videographer/Photographer shall abide by the Privacy Act 1993 and shall take all practical steps to achieve privacy protection.
22.2 The Client must advise The Videographer/Photographer as to whether any material or information communicated is of a confidential nature. The Videographer/Photographer will keep confidential material or information communicated in confidence for the purposes of the services provided, except where it is reasonably necessary to enable The Videographer/Photographer to carry out the obligations in relation to the Booking.
22.3 As part of creating the Videographic and/or Photographic Works, The Videographer/Photographer may collect and retain personal information about The Client. The personal information may be used by The Videographer/Photographer for communicating with The Client for any purpose relating to the Videographic and/or Photographic Works (including arranging third party services), direct marketing and in connection with these terms and conditions.
22.4 Personal information collected by The Videographer/Photographer shall be retained in The Videographer/Photographer’s database. The Client may access and request correction of any of The Client’s personal information by contacting The Videographer/Photographer.
23.0 FORCE MAJEURE
23.1 Except for an obligation to pay monies, neither The Client nor The Videographer/Photographer shall be liable for any act, omission or failure to fulfil its obligations, or any loss or damage arising directly or indirectly due to an act of God, pandemic, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather or any other cause outside The Videographer/Photographer’s control.
23.2 The Videographer/Photographer may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of The Videographer/Photographer, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, flooding, storms or infestation), pandemic, infestation, governmental order, or War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility whether declared or not), or any hazardous situation created outside the control of The Videographer/Photographer such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
23.3 The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Where this occurs, the parties shall utilise best efforts to obtain an agreement which is mutually beneficial taking into consideration each parties circumstances.
23.4 In any of these circumstances listed above, the date retainer remains non-refundable.
24.0 HEALTH & SAFETY
24.1 A safe environment shall be provided for The Videographer/Photographer.
24.2 Should The Videographer/Photographer find themselves in an unsafe or threatening environment then The Client shall be notified. If no action is taken immediately to improve the situation, The Videographer/Photographer has the right to leave the venue or premises which then ends their duties for the day.
24.3 In the extreme situation of sexual or physical assault then The Videographer/Photographer retains the right to immediately leave the event. The Client understands that in such an event, The Videographer/Photographer is released from any and all liabilities and monies paid shall remain non-refundable.
24.4 The Client acknowledges and agrees that The Client is responsible for, and shall take all reasonably necessary steps to ensure, its own personal safety and that no action or inaction of The Client causes harm or risk to the health and safety of others. Notwithstanding the above, The Client agrees to comply with any reasonable health and safety directions given by The Videographer/Photographer.
24.5 The Videographer/Photographer will not tolerate verbally or physically abusive behaviour. Unchecked guest conduct that interferes with The Videographer/Photographer will seriously diminish the quantity and quality of the footage and/or images captured.
24.6 If the conduct of The Client or their guests result in damages to any of the equipment of The Videographer/Photographer, it will result in the early or immediate departure of The Videographer/Photographer. The Client understands that in such an event, no refund will be given and an invoice for damages will be presented. Payment to repair or replace the damaged equipment, must be transferred to The Videographer/Photographer’s bank account, within 7 days from receipt of invoice.
24.7 If The Client requests footage and/or images to be captured onboard an aircraft (i.e. in flight), a boat (i.e. afloat), farm machinery or any other vehicles/machinery, The Videographer/Photographer retains the exclusive right to decide whether to take the footage and/or images or not.
24.8 The Health and Safety of The Videographer/Photographer, the Parties and everyone present at the event, is of most importance, so to have your request considered, please note the following requirements:
24.8(a) The Videographer/Photographer will only consider flying with commercially operating companies in commercially licensed aircrafts and professionally licensed pilots;
24.8(b) If The Videographer/Photographer decides not to board an aircraft, boat, farm machinery or any other vehicle/machinery, The Videographer/Photographer will not be held liable for not shooting that footage and/or images and no refunds/discounts/reshoots will be given.
24.8(c) If the weather is not ideal or The Videographer/Photographer considers there is a serious Health and Safety issue – and The Videographer/Photographer cancels the shoot, The Videographer/Photographer is not liable for any accidents, injuries, or death relating to the aircraft or vehicles.
25.0 PROTOCOLS IN EVENT OF HEALTH PANDEMIC OR STATE OF EMERGENCY
25.1 The Parties agree that no performance will be required of either party that would knowingly run counter to any laws, health and safety regulations, directives, or executive orders.
25.2 If, during the Term of this Agreement, any Health Pandemic, as defined by the Centers for Disease Control and Prevention (“CDC”), World Health Organization (“WHO”) or Prevention Agency guidelines (“Health Pandemic”) or State of Emergency as defined by the New Zealand Government arises, and The Videographer/Photographer deems providing the services under this Agreement would put The Client, other vendors, The Videographer/Photographer’s staff or themselves at risk, it is the exclusive discretion of The Videographer/Photographer as to whether or not the services must be cancelled or postponed.
25.3 If the event needs to be postponed due to a Governmental Lockdown or State of Emergency where the event cannot occur then the date retainer and any other payments made are transferable once only to a new date so long as it is available. However, if the new date is more than one (1) season later then new pricing will apply.
25.4 If The Client chooses a date that The Videographer/Photographer is not available then The Videographer/Photographer retains the right to provide an associate shooter to capture the event.
25.5 Should The Client choose a date that The Videographer/Photographer is unavailable and decline the option of an associate shooter, then the booking is void and the date retainer and any payments made remain non-refundable.
25.6 Should The Client choose to cancel the event rather than postpone, then the booking is void and the date retainer and any payments made remain non-refundable.
25.7 The Parties agree that, due to the extreme and sometimes sudden circumstances that a Health Pandemic or State of Emergency would create, a date transfer option allows The Videographer/Photographer and The Client to reach a mutually conducive solution.
25.8 If The Client chooses a larger package at the time of rescheduling, The Videographer/Photographer will calculate the difference of the originally agreed-upon package and new package prices as defined by The Videographer/Photographers pricing schedule at the time of the rescheduled event.
25.9 The Client may not choose a smaller package at the time of rescheduling if they choose to rebook on a peak season Saturday date.
25.10 The Videographer/Photographer retains the right to leave at any time should they feel their health and safety is at risk as a result of any person at the event showing symptoms of Covid19 or should The Videographer/Photographer discover that a person at the event has tested positive for Covid19. In this instance The Videographer/Photographer is released from any and all liabilities and monies paid shall remain non-refundable.
25.11 If the event can still legally happen but is being postponed due to guests not being able to attend due to lockdown, a financial or personal situation, or any other situation as a result of Covid19, then this is deemed a change of mind and the usual Cancellation Policy applies.
25.12 If The Client cannot make their booking due to border restrictions but events can legally still happen in the place of booking then in this instance the usual Cancellation Policy applies, the date retainer is non-refundable and Cancellations within 60 days of the event are required to be paid in full, unless the date is able to be booked for an event of similar value.
26.0 DISPUTE RESOLUTION/COMPLAINTS
26.1 The Parties agree to use their best efforts to resolve any dispute which arises through good faith negotiations.
26.2 Either party may raise a dispute by written notice to the other party. Any complaints by The Client should be first raised with The Videographer/Photographer in writing within 10 working days from the date of receiving the completed package.
26.3 Within 3 working days of receipt of a dispute notice, the Parties shall meet (or otherwise communicate if meeting is not practicable) and attempt to resolve the dispute through good faith negotiations on a ‘without prejudice’ basis.
26.4 Neither party may commence any litigation in relation to the dispute unless 14 days have passed since the Parties met (or otherwise communicated) and endeavoured in good faith to resolve the dispute on mutually acceptable terms.
27.1 If any provision of this Agreement is held to be invalid or unenforceable under New Zealand law, the validity of this Agreement as a whole shall not be affected, and the other provisions of the Agreement shall remain in full force and effect.
27.2 Failure by The Videographer/Photographer to enforce any of the Terms and Conditions contained in this contract shall not be deemed to be a waiver of any of the rights or obligations we have under this contract.
28.0 GOVERNING LAW / JURISDICTION
28.1 These Terms and Conditions are governed by, and to be construed in accordance with New Zealand Law. The Client irrevocably submits to the exclusive jurisdiction of the New Zealand Courts.