Terms & Agreements
The undersigned (hereinafter referred to as “CLIENT”) hereby agrees to contract and retain the services of FITSU WEDDING CINEMA (hereinafter referred to as the “FitsUWeddings”) for the production of photography, videography, and/or video editing under the following terms and conditions:
Description of Project/Production Specifications
- FitsUWeddings agrees to perform the services specified in the “Client Information/Description of Services” attached to this Agreement and incorporated in this Agreement by reference.
Employment of Assistants
- FitsUWeddings may, at FitsUWeddings’ own expense, employ any assistants that FitsUWeddings deems necessary to perform the services required of FitsUWeddings by this Agreement. Client may not control, direct, or supervise FitsUWeddings’ assistants or employees in the performance of those services.
- For services to be rendered under this Agreement, Client agrees to pay FitsUWeddings the sum set forth in “Client Information/Description of Services”. Client agrees to pay to FitsUWeddings a good faith non-refundable deposit equaling 20% of the amount entered in the “Client Information/Description of Services” upon execution of this Agreement. Client agrees to pay the remaining balance in full no later than two (2) week prior to the wedding date.
Client agrees that reservation for requested services can only be made upon delivery of this agreement and payment of the nonrefundable deposit. If making payments online, Client understands that reservation for services requested will be made only upon receipt of the payment and this Agreement. If any payment due is not made in accordance with this agreement, Client agrees that Client may forfeit the services of FitsUWeddings and will forfeit the deposit, if any.
In addition to the retainer, Client agrees to pay any and all reasonable and necessary expenses incurred by FitsUWeddings on behalf of Client in connection with the rendering of services under this Agreement on a monthly basis. Client understands that no services will be rendered until the remaining balance, including any additional charges, have been paid in full. Any returned check is subject to a $35.00 fee in addition to any outstanding balance.
Date of Delivery
- FitsUWeddings will deliver the completed Project, as specified in Paragraph 1 of this Agreement, to Client within six to nine (6-9) weeks after the date services were completed and after date on which Client gives final approval of the services, provided all necessary materials have been received and Client have made all required payments). Delivery will be by
[registered mail or private courier or properly designated agent of FitsUWeddings].
However, in the event of equipment failure or uncontrollable/unforeseen events, the delivery period may be longer. FitsUWeddings will not be liable in any way if such an event occurs. On completion, FitsUWeddings will deliver to Client a master [on videotape or DVD] and will make extra sub-master copies available for Client at agreed price.
5(a) Weather Disruption: If it is not possible for a session to take place on a scheduled day due to weather, FitsUWeddings and Client will reschedule on an agreed date at the earliest date possible with no additional charge.
5(b) Cooperation/No Show: FitsUWeddings is not responsible if Client and/or key individuals fail to appear or cooperate during sessions or for missed images due to details not revealed to Videographer. If Client and/or key individuals fail to appear to a scheduled session, the 50% deposit will be forfeited. The session can be rescheduled at the original session full fee with a new 50% nonrefundable deposit. In the event that FitsUWeddings’ photographer and/or videographer is injured or sick or otherwise unable to attend the sessions, FitsUWeddings will make every effort to reschedule to the earliest possible date. If the session must take place on the scheduled date, FitsUWeddings will make every effort to secure a replacement photographer and/or videographer.
5(c) Reshoots: In the unlikely event that Client is completely dissatisfied with the final results based solely on Client’s personal preference; FitsUWeddings will reshoot at a 25% discount from the original session fee. In the unlikely event that the finished product from a session is unusable due to technical problems such as camera failure or exposure problems, FitsUWeddings will reshoot at no additional charge.
5(d) Cancellation/Postponement: Client understands that by entering into this Agreement, FitsUWeddings is foregoing other photographic and/or video jobs. In the event of a cancellation or postponement of the session by Client, the deposits paid will be forfeited. Deposits may be transferable if a date change is necessary and Client gives FitsUWeddings forty-eight (48) hour(s) notice of such cancellation or postponement.
Shooting Location/Travel Costs
- Client agrees to pay travel fees as follows:
- Within 120 miles of the City of Macon, Georgia – No Charge
- Within 120 – 240 miles outside of the City of Macon, Georgia – $125.00 Per Crew Position
- Over 240 miles outside of the City of Macon, Georgia – $225.00 Per Crew Position
Ownership of Rights in Images/Project
6(a) Ownership: After completion and delivery of the package(s) as specified above, Client hereby agrees that the original and finished production becomes the property of FitsUWeddings. FitsUWeddings will retain ownership of production materials including, but not limited to, set designs, unused footage, costumes, and props and may copyright same. FitsUWeddings will have the right to use produced materials for demonstrations, publication, marketing, advertising, broadcast purposes or otherwise.
6(b) Model Release: Client hereby grants FitsUWeddings and its legal representatives and assigns the irrevocable and unrestricted right to use and publish photographs and/or video of Client(s) in which Client may be included for editorial, trade, advertising and other purposes, and in any other manner or medium; to alter the same without restriction; and to copyright the same. Client hereby releases FitsUWeddings and its legal representatives and assigns from all claims and liability relating to said images.
6(c) Exhibition: Client hereby grants FitsUWeddings permission to display photography and/or video resulting from this agreement as an example of photography and/or video work and for entrance into photographic and/or videographic competitions or to enter the produced materials in any other competitions for awards anywhere in the world. Client hereby releases all claims to profits that may arise from use of the images.
Changes to the Agreement
- There may be additional charges if changes are made to this Agreement by Client. Client may increase the period of the photographer’s and/or videographer’s service on the session’s date, provided photographer and/or videographer is available during the time requested. Added expenses resulting from such change, including additional service cost, digital capture cost, and change-related fees will be added onto the final balance and will be paid in full by Client immediately. Client may not decrease the period of FitsUWeddings service on the session date. If the period of photographer’s and/or videographer’s services are cut short by reason of fire, casualty, death, act of God, nature, or other causes beyond the control of the parties, FitsUWeddings shall still receive the deposit fees outlined in the “Client Information/Description of Services” attached to this Agreement.
Production Control FitsUWeddings is granted full production and editorial control by the client regarding all aspects of production and post-production. FitsUWeddings has the right to assign any videographer for the assignment set within.
Limited Liability/Liquidated Damages
- FitsUWeddings takes utmost care with respect to the exposure, retouching, and transportation of digital captures, proofs and prints. However, in the unlikely event that all the originals are lost, stolen, damaged or destroyed while in FitsUWeddings’ control or if a session cannot go forward as scheduled due to inability of FitsUWeddings photographer and/or videographer to attend session, and no suitable replacement can be found, it is agreed that in such event of a breach of this Agreement by FitsUWeddings, it would be impracticable or extremely difficult to determine the actual damage to Client. Therefore, FitsUWeddings is limited and will pay to Client, as liquidated damages and not as a penalty, the sum equal to the amount of all payments received, or a reshoot can be rescheduled at no additional cost. The limit of liability for partial loss of damage of originals shall be a prorated amount of the total amount based on the percentage of originals lost or damaged. In no event will FitsUWeddings liability or responsibility exceed the return of all payments received. The parties agree that this limited liability/liquidated damages represents a reasonable compensation for the loss incurred because of the breach.
FitsUWeddings will not be liable to Client, or to anyone who may claim any right due to a relationship with Client, for any acts or omissions in the performance of services under this Agreement or on the part of the employees or agents of FitsUWeddings. Client will indemnify and hold FitsUWeddings free and harmless from any obligations, costs, claims, judgments, and attorney’s’’ fees, and attachments arising from, growing out of, or in any way connected with the services rendered to Client under this Agreement.
9(a) Termination by Client for Default of FitsUWeddings: If FitsUWeddings defaults in the performance of this Agreement or materially breaches any of its provisions, Client, at Client’s option, may terminate this Agreement by giving written notification to FitsUWeddings.
9(b) Termination by FitsUWeddings for Default of Client: If Client defaults in the performance of this Agreement or materially breaches any of its provisions, FitsUWeddings, at FitsUWeddings’ option, may terminate this Agreement by giving written notification to Client. FitsUWeddings shall be entitled to keep all payments received in addition to any other damages it may be entitled to.
Client Obligations It is the client’s responsibility to notify the ceremony location, reception location, rehearsal location, photographer, disc jockey, and those others directly associated, the presence of FitsUWeddings. Client further agrees they will provide dinner and refreshments of the same quality and in the same location as any attending guest for all FitsUWeddings videographers and/or photographers. Client agrees to cooperate fully with FitsUWeddings and understands that without full cooperation by client, satisfaction cannot be guaranteed.
- FitsUWeddings makes no warranties, express or implied, with respect to the work of property that is the subject matter of this Agreement.
- Any disputes that may arise between Client and FitsUWeddings regarding the terms of this Agreement will be submitted to final and binding arbitration in accordance with the Arbitration process agreeable to the parties. The arbitrator’s award will be final and binding on the parties, and judgment may be entered on it by a court of competent jurisdiction.
Compatibility FitsUWeddings produces standard media that is compatible with virtually all players in North America. FitsUWeddings is not responsible for incompatibility with any media format created and the client’s player. If it is determined that the media is defective, FitsUWeddings will replace the media at no additional charge if notified within (7) seven days after pickup or delivery of the finished production, less shipping and handling.
- If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement the prevailing party will be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The attorneys’ fees may be set by the court in the same action or in a separate action brought for that purpose.
Entire Agreement of the Parties
- This Agreement supersedes any and all agreements, both oral and written, between the parties with respect to the rendering of services by FitsUWeddings for Client and contains all of the covenants and agreements between the parties with respect to the rendering of these services in any manner whatsoever. Each party acknowledges that no representations, inducements, promises, or agreements, written or oral, have been made by either party, or by anyone acting on behalf of either party, that are not embodied in this Agreement. Any modification of this Agreement will be effective only if it is in a writing signed by the party to be charged.
- Any notices to be given under this Agreement by either party to the other may be effected either by personal delivery in writing or by registered or certified mail, with postage prepaid and return receipt requested. Mailed notices shall be addressed to the address indicated by the parties or at their last known addresses. Notices delivered personally will be deemed communicated at the time of delivery. Mailed notices will be deemed communicated one day after mailing.
Severability of Invalid Provisions
- If any provision of this Agreement is deemed unenforceable, that provision will be omitted only to the extent necessary to make this Agreement valid and enforceable and the remaining provisions will remain in full force and effect.