In this contract the following deﬁnitions apply:

“the Client” means the person or persons entering into this contract being the signatory hereto;

“the Videographer” means Lee Wheatley trading as Wheatley Videography or such other videographer appointed by Lee Wheatley from time to time.

If the client(s) arrange for a third party to meet the costs of this contract the contract remains with the client(s).

The due performance of the contract is subject to the conditions below. These cannot be varied in any way by the Client unless such conditions are expressly agreed by the Videographer in writing.

1. The Copyright Designs and Patents Acts assign the copyright of the images and videos to the Videographer.

2. The Client shall not copy, or allow to be copied, by any means photographic, by computer, or internet or otherwise, by any person or machine.

3. The Videographer is fully compliant with GDPR and takes data protection very seriously, a privacy policy can be found on our website. Please see the bottom of the contract for opt in boxes for image use.

4. License, Coverage and Reproduction:

a. The Videographer shall be granted artistic license in relation to the poses photographed and the locations used. The Videographer’s judgment regarding the location, poses and number of photographs and videos taken shall be deemed correct.

b. Photographs taken during the course of the event will be at the discretion of the Videographer although every effort will be made to comply with the Client’s requirements.

c. The Videographer shall use reasonable endeavors to film all individuals as requested by the Client at some point, but no responsibility will be taken by the Videographer(s) on the occasion of leaving somebody out.

d. For a booking involving a church ceremony or at certain venues, the Videographer’s movements are sometimes restricted by the official in charge. The area from which the Videographer is able to cover the ceremony may not be the Videographer’s(s) choice and the Videographer cannot accept responsibility for any obstructed view should this be the case. The use of artiﬁcial lighting may be restricted or prohibited. The photographing and/or filming of parts or even all of the ceremony may be restricted or prohibited. The Client is strongly advised to check with the appropriate official.

e. For a wedding or other event booking the Videographer shall use reasonable endeavors to capture all the moments throughout the day as they occur. However, because of the ﬂuid nature of the event, some moments might not be recorded, or not recorded for logistical reasons.

f. Please note that any alterations made to the booking by the Client once details have been conﬁrmed may only be made at the discretion of the Videographer and in some circumstances (such as the change of ceremony date for a wedding) the Videographer may be unable to accommodate these alterations due to a conﬂict of commitments. Under these circumstances the Videographer shall not be liable for compensating the Client in any way whatsoever.

g. It is understood that all videography is undertaken within the technical limitations of the process and that colour may not be identical over the whole range of colours within a subject. It is also understood that footage made at different times or in different sizes may be variable in colour balance.

h. Due to the limitations of computer monitors it is understood that (1) images and footage appear differently according to the speciﬁcation of each monitor (2) footage will not match images rendered on any particular computer monitor. The monitors used by the Videographer (s) for ﬁnal image editing are all colour proﬁled and checked regularly for accuracy of colour. The Client should be aware that certain lighting conditions and materials will cause colour to be recorded differently. Where possible we will attempt digital correction of this.

i. Although all equipment is checked regularly and backup equipment is available, the videographer(s) will not be responsible for footage that is not produced due to technical failure, either at the shooting or processing stage.

j. Where footage is made available for use with a personal computer the default operating system shall be Windows. Products may not function on other or earlier operating systems.

5. Prices:

a. All standard videographic services and optional extras speciﬁed on the Booking Form and paid for in full before the wedding are supplied at the prices ruling on the date of signing of the contract. Optional extras not paid for in full before the wedding are supplied at the prices ruling at the time of receipt of the order.

b. The Client will be liable to pay any additional expenses incurred by the Videographer not already included within the contract price. This includes for example access fees charged by some venues.

6. Payments:

a. A non-refundable deposit of £150 (paid by bank transfer or debit card) will conﬁrm your booking. By paying the deposit the Client is agreeing to the terms and conditions laid out in this document. The deposit forms part of the total cost of the Client’s plan (i.e. it is NOT in addition to the cost of the package) and is deducted when calculating the ﬁnal balance due. The deposit is refundable during the Client’s 14 day “cooling off” period. The deposit cannot be transferred to other services offered by Wheatley Videography.

b. The non-refundable deposit is paid to reserve the Client’s wedding date, cover the admin costs of your booking including emails, conﬁrmation letter, processing payment and also pre-wedding preparation work including venue research and logistics planning.

c. Payment for the remaining balance is due in full 2 weeks prior to the contracted wedding date and can be paid via bank transfer or debit card. Wheatley Videography are unable to accept cheques or credit cards.

d. Notwithstanding that the payment due under this contract for the Videographer’s services may be payable by a third-party, contractual responsibility for all payments shall remain with the Client

7. Force Majeure:

a. The due performance of the contract is subject to alteration or cancellation by the Videographer owing to any cause beyond their reasonable control (e.g sudden illness/injury/victim of crime, ﬂooding).

b. The Videographer may contact other videographers in the event that they are not able to attend your booking due to clause 6a). However, it may prove difficult or impossible to ﬁnd a skilled replacement videographer at short notice or at the same price.

c. In the event of cancellation by the Videographer, or in the unlikely event of total photographic failure (although re-shoots may be arranged if practicable) – the Videographer will not be responsible for costs in order to stage re-shoots. The Videographer’s total liability. Liability shall be limited to a full refund of any deposits and fees paid.

8. Digital Files and Products:

a. The digital ﬁles shall remain the property of the Videographer and shall be kept by them for not less than 12 months from the wedding date at one site.

b. Should digital ﬁles be lost, damaged or destroyed, the Videographers liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by the videographer. No refund will be due for any digital ﬁles lost, damaged, or destroyed after 12 months from the date of the wedding.

c. All orders should be placed with the videographer(s) before the end of a 12-month period starting at the wedding date unless otherwise agreed in writing. The videographer(s) will not be liable for failure to produce any orders placed after this time. If the digital ﬁles are still available and an order or selections are made for a product after 12 months from the date of the wedding / event, The Client(s) will be required to pay the difference in price between the price at the time of booking and the current price available to view on the Wheatley Videography website.

d. Any pre-paid product credits not utilised by the client within 12 months of the date of the wedding will lapse without value unless otherwise agreed in writing. Any product supplied will be at the sole discretion of the videographer(s) and maybe at an additional cost.

9. Liability

The Videographer’s total liability (whether directly or indirectly occurring) for all losses, damages, costs and fees (including but not limited to legal fees) shall not exceed the fees already paid by the Client to the Videographer under this Contract

10. Cancellation/Change of Date Fees:

a. If the Client should have to cancel a booking, the following cancellation fees will become due immediately upon said cancellation:

b. Cancellation after 14 days from the booking date and more than three months to go until the wedding date, the non- refundable deposit

c. Cancellation with less than three months to go until the wedding date, full price for the complete videographic coverage booked, but no charge for any optional extras (unless you were advised otherwise at the time of booking).

d. Where the Videographer is able to rebook the date with an equivalent booking, then the cancellation fee may be reduced to the non-refundable deposit only and any additional cancellation fees already paid may be refunded accordingly.

e. Where the Client wishes to change the date of the wedding, provided that the wedding is more than six months away the client may request a date change with no additional cost incurred. Date change requests received with less than three months to the originally booked wedding date will be subject to a rebooking fee equivalent to the deposit originally paid. Where the new wedding date is available the client may change their originally booked date provided the videographer does not envisage the new date detracting from the level of service of existing bookings close to that date. All date change requests are accepted at the discretion of Wheatley Videography only. The terms and conditions in place at the time of the date change request being accepted will overwrite the original contract. The package prices published on the website at the time of the date change request will be applicable. The original deposit is then deducted from this price and a further deposit of £150 is required to conﬁrm the booking.

11. Placing an Order and Receipt of Goods:

a. Any alterations to orders must be notiﬁed either by phone or email and conﬁrmed in writing (sent by Royal Mail special delivery) within three working days of the order being placed. The Videographer will not be held liable for any costs incurred due to alterations to the order made by the client after this time. Email is not a reliable method of notiﬁcation due to the unpredictable operation of message scanners. You must request and receive a conﬁrmation by email if you choose to use this method.

b. Due to the nature of the product the Videographer is unable to give exchanges or refunds. This does not affect your statutory rights.

12. Governing Law: Any contract made between the Videographer and the Client shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.

13. Insurance: The Client is advised to take out an insurance policy to cover any expenses in the event of cancellation. Wheatley Videography is insured for Public Liability and also Professional Indemnity. A copy of liability insurance certiﬁcate is available should your venue wish to hold a copy.

14. On the Day:

a. The Videographer is the only authorised videographer for the day. Other professional videographers are not permitted whether official or otherwise, working for pay or otherwise (e.g. separately employed by parents), unless agreed in writing before the day. Breach of this condition shall be deemed cancellation of the contract by the Client.

b. The Videographer is contracted to shoot all footage relating to the event and no other person is permitted to capture footage freely or for reward unless agreed in writing before the day. Other wedding vendors e.g. a videographer may not shoot film other than a small quantity to illustrate the video packaging. Breach of this condition shall be deemed cancellation of the contract by the Client.

c. An inconsiderate guest can wreck the videographic record of your special day and we will speak with the guest or bride or groom or coordinator if appropriate. Coverage may be cancelled without warning at the discretion of the videographer if the videographer feels threatened or has reason to believe that equipment may be damaged.