Terms and Conditions of agreement
It is important that you fully read and understand the terms of our agreement.
This agreement contains the entire understanding between Matt Atherton Film and Photography and the client(s). It supersedes all prior and simultaneous agreements between the parties. Only those changes or modifications specifically placed in writing, attached, dated and signed by both the clients and Matt Atherton Film and Photography at the time of acceptance of this contract shall be recognised as amendments to this contract.
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General information -
Matt Atherton Film and Photography will provide services to the client(s), providing the clients(s) have/has assessed and agreed to all the risks that may occur.
2. Booking and payment
a. A booking fee is required upon return of this booking form and contract. Booking fees are non-refundable. Completion of this form alone will not secure your booking and the date may be booked by other parties.
b. A date may only be considered reserved once a completed booking form and contract has been received and funds are cleared. Until that point dates cannot be guaranteed. If a date is no longer available any deposit received will be returned to the sender with no further liability on either party.
c. The full balance is payable at least 1 month prior to the date of your wedding.
d. In cases where a booking has been made within the 30 day period of the event, the full balance is payable. Unless otherwise agreed in writing with Matt Atherton Film and Photography, failure to pay the final balance within this period will cancel your booking and the full price agreed will become chargeable.
e. Any film or media captured by Matt Atherton Film and Photography will remain the property of Matt Atherton Film and Photography and will not be released to the client(s) until the total outstanding balance has been paid.
3. Cancellations
a. Weddings sometimes need to be cancelled. We strongly recommend that all couples take out comprehensive wedding insurance to protect themselves from costs if they need to cancel.
The closer it gets to the wedding day, there is an increase in cancelation charge. This is on the basis that once the booking has been made, Matt Atherton will refuse any other paid work that will conflict with the booking. This will also to cover any administration purposes, preparation undertaken prior to the event, plus any expenses that will accrue on the build up to the day.
b. The client(s) may cancel this booking at any time by giving written notice to Matt Atherton Film and Photography
c. Refunds are only available if it is requested in writing and sent by recorded delivery within 30 days of booking only.
d. Cancellation charges are as follows;
i. More than 90 days prior to the wedding date - Matt Atherton Film and Photography will retain the booking fee only.
ii. 90 days to 30 days prior to the wedding date - Matt Atherton Film and Photography will retain the deposit plus half the remaining cost.
iii. Less than 30 days prior to the wedding date - Matt Atherton Film and Photography will retain the full amount.
e. Cancelation due to COVID-19 (See additional T&C's)
4 - Photography/Videography on the day
a. Any variations to the planned event that will impact on the day should be communicated to Matt Atherton Film and Photography as soon as possible.
b. The client(s) must obtain any permissions required for Matt Atherton Film and Photography to photograph/film at any of the required locations (including churches/venues or other locations). The client(s) are also responsible for any fees levied at the locations.
c. Matt Atherton Film and Photography may be limited to what he can capture by the guidelines of the ceremony official, and any other site management. Matt Atherton Film and Photography will offer technical recommendations only. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. Arrangements should be made for all venues to be accessible by Matt Atherton Film and Photography at least one hour before the time of each event; this is to be arranged by the client(s).
d. We aim to be discreet whilst carrying out photography/filming, but in low light conditions additional camera-mounted or free-standing flash or lighting may be required. If the venue/staff/officials will not allow additional lighting, this may affect the quality of any photos/video. Matt Atherton can not be held responsible for being unable to capture part of the event or a drop in quality due to any restrictions put in place at the event.
f. Coverage will be as the camera operator’s professional expertise determines and no one scene will be determined more important than another. While every effort will be made to get the best position for the camera(s) to capture the event, this may not always be possible if restrictions are imposed upon us on the day. For this reason, Matt Atherton Film and Photography cannot guarantee coverage of any particular individual or group during the day.
g. We use professional quality well maintained equipment which is checked multiple times in the build up, the night before and the morning of the day. We have spare equipment as back up. However we will not be liable for any equipment failure and or material defects which are beyond our control. In the unlikely event of a total camera failure, our liabilities are limited to either a reshoot, or a refund of all monies paid by the Client(s). No further compensation will be given.
h. Every effort is made to ensure perfect colour and lighting reproduction, but certain conditions will affect the quality of the final product, such as mixed indoor and external lighting, hard shadows, and low lighting conditions. With these factors beyond our control, we will endeavour to produce the best image possible. In the case that a particular segment of the event is either not captured, partially captured, or not a part of the final edited product, it is at the sole discretion of Matt Atherton Film and Photography.
i. The Client must provide a safe working environment and may be held responsible for any damage to our equipment by their guests.
j. In restrictive conditions such as rain, extreme temperatures and humidity, adequate shelter must be provided. The client(s) are responsible to arrange this in line with the venue. Matt Atherton Film and Photography will not be able to carry out photography/filming where the camera operative/clients/equipment is at risk.
k. In the unlikely event of severe medical, natural, or other emergencies, where Matt Atherton Film and Photography is unable to attend. Matt Atherton Film and Photography will make every effort to secure a replacement photographer of the same professional standing and ability able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
l. Prior to or during the event, Matt Atherton will contact you with a final details form. The client will provide details outlining the preferred shots, which will be sent prior to the wedding day including names of important guests, required group photos, and anything else important to be captured. This will be discussed in the final details meeting with Matt Atherton Film and Photography. The final content of the images/film is at the discretion of the Matt Atherton Film and Photography.
m. Matt Atherton Film and Photography will be the sole professional photographer/videographer (which ever package Matt Atherton Film and Photography is carrying out) on the day of the wedding. Matt Atherton Film and Photography reserves the right to ask other people to refrain from taking photographs at key times, if it is considered that this may compromise the quality of the photographs/film.
n. Matt Atherton Film and Photography will not tolerate any level of verbal abuse or aggression. Either may result in the immediate suspension of coverage.
o. If something occurred at the wedding that the Client(s) does not want to appear on the final film, the client(s) must instruct Matt Atherton Film and Photography in writing before post-production begins.
5 - Food
a. If photography coverage is greater than 5 hours, a meal for the camera operative(s) would be appreciated, but not a requirement.
b. Should you provide food for Matt Atherton, it is very important that this is served at the same time as any other food is served to guests. Vendor meals provided at any other time i.e at the end of guest service may affect what footage we are able available to capture.
6 - Post Production
a. Matt Atherton Film and Photography will endeavour to build your film/photo's around any special requests made within this booking form and the final details form, but such requests are not binding instructions. Artistic interpretation cannot be guaranteed but every attempt will be made to comply with the Client(s) wishes. Matt Atherton Film and Photography will not be held responsible for scenes not included due to weather conditions, location restrictions, lack of client(s) and/or guest participation or any other conditions outside of Matt Atherton Film and Photography control.
b. Any final editing decisions are of the sole discretion of Matt Atherton Film and Photography.
c. Any changes requested on the final product once sent out may be subject to a further charge.
d. Completion of the final product is usually within 4 months from the date of the event.
e. Matt Atherton Film and Photography cannot be held liable for any delays in the final product in the event the Client(s) are required to supply Matt Atherton Film and Photography with information or any item(s) required to complete the product. If after 6 months from the date of the event, the items and/or information required to finish the product is not forthcoming, then the service will have expired and an additional fee will be made for any subsequent editing.
f. Matt Atherton Film and Photography takes the utmost care with respect to exposure, transportation and processing of photographs. However, in the unlikely event of the Client’s photographs being lost, stolen or destroyed for reasons within or beyond Matt Atherton Film and Photography's control, the latter’s liability is limited to the return of all payments received.
g. The client understands that no unedited images will be released.
h. Matt Atherton Film and Photography's aim is to capture events as they happen naturally to reflect the events of the day. He will carry out editing to adjust the lighting, highlights, shadows, composition and colours all to Matt Atherton Film and Photography's artistic style. Additional/heavy editing which changes the look of the photo/film (such as object/person removal, retouching or changes to body shape or clothing such as the dress etc) are referred to a digital artist and subject to additional charge.
7 - Acceptance of Goods
a. In the unlikely event that it is alleged that the Goods do not comply with the agreement, the Client(s) shall give written notice to Matt Atherton Film and Photography within seven days from the delivery of the goods. In the absence of any such notice, the goods will be deemed to comply with the agreement in all respects.
b. We keep a master copy of your product in our archives for up to one year from the date which it made available to the client(s).
c. Once the final product has been completed. It is the clients responsibility to download and store the product within this time. If you wish to request additional copies after one year we cannot guarantee that the product will be available.
d. Matt Atherton Film and Photography cannot be held liable for any loss or damage to the product once it is in the client(s) possession.
e. For a photography package, the client(s) will receive an edited selection of around 300 - 600 high-resolution JPEG digital images. The entire copyright in the photographs is retained by the photographer at all times throughout the world.
8 - Additional
b. The prices quoted are valid for 30 days from the date of the quote. Matt Atherton Film and Photography reserves the right to change and amend this agreement and/or quote after this time.
c. Matt Atherton Film and Photography retain Copyright of the goods produced from this booking form and are protected by the Copyright and Design act 1988. The client must seek permission for use beyond reproduction and printing for friends, guests and family from Matt Atherton Film and Photography.
d. The Client(s) hereby allows Matt Atherton Film and Photography to display any images covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media.
e. The client(s) understands that no two weddings are the same. As such the photography content captured at the event can vary greatly. The client(s) understand that both film and photography by nature is an art, subject to the creativity of the photographer/videographer and his personal artistic style. The client(s) understands that he/she has chosen Matt Atherton Film and Photography after looking at the wide range of his work and style, and will grant Matt Atherton Film and Photography the right to exercise his creativity in the interest of creating the best images/material possible. The client understands he/she may not demand a refund, or a redo due to differences in artistic preferences of the final product produced.
f. If any provision of this agreement is held to be invalid or unenforceable under the 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.
Additional T&C's and COVID Policy
a. In the event that the wedding not be possible due to government lockdown under COVID-19, Matt Atherton Film and Photography will make every effort to be available for the new date. There will be no additional charge from Matt Atherton Film and Photography to move the date in these circumstances.
b. There is no guarantee that Matt Atherton Film and Photography will be available on the new date. It is recommended that the client(s) works with Matt Atherton Film and Photography and their other suppliers to find a suitable date.
c. Should Matt Atherton Film and Photography not be available on the client(s) new date, Matt Atherton Film and Photography will provide a full refund (minus the booking fee).
d. Cancellation due to any other circumstances still fall under section 3. Cancellations
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