TERMS & CONDITIONS
Any product/service purchased between Fineshade Films and the CLIENT is held under these terms & conditions. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
A reservation fee is required to reserve the dates and times of the EVENT(S). If the EVENT(S) are rescheduled, postponed, or cancelled; or if there is a breach of the booking agreement by the CLIENT, the reservation fee is non-refundable and shall be liquidated damages to Fineshade Films. The CLIENT shall also be responsible for payment for any of Fineshade Films' material charges incurred up to time of cancellation. The reservation fee reserves the dates, times & service of the EVENT as well as confirms agreement to the terms & conditions.
The client agrees to conﬁrm the schedule at least one month prior to the EVENT(S). Notiﬁcation of any changes in schedule or location must be made in a timely manner and conﬁrmation of receipt must be obtained from Fineshade Films by the CLIENT.
Fineshade Films reserves the right to terminate coverage and leave the location of the EVENT(S) if the photographer/videographer from Fineshade Films experiences inappropriate, threatening, hostile or offensive behavior from person(s) at the EVENT(S); or in the event that the safety of the photographer/videographer from Fineshade Films is in question.
The CLIENT must provide a safe working environment and is responsible for any damage to our equipment by their guests and will be liable to pay such expenses for replacement or repairs. In restrictive conditions such as rain, extreme temperatures and humidity, adequate shelter must be provided to the camera operative.
If coverage is greater than 5 hours, we request that the CLIENT provides a meal to the camera operative. It is helpful if 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.
SHOOTING TIME / ADDITIONS
The CLIENT and Fineshade Films agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time.
Additional Hours can be purchased at £100.00 per hour either on the day or prior to the day.
Fineshade Films is not responsible for compromised coverage due to causes beyond the control of Fineshade Films including but not limited to obtrusive guests, lateness of the CLIENT or guests, weather conditions, schedule complications, incorrect addresses provided to Fineshade Films, rendering of decorations, or restrictions of the locations. Fineshade Films is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo or film coverage. Fineshade Films is not held liable for missed coverage of any part of the EVENT(S). Fineshade Films will not be held accountable for failure to deliver images of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS
Fineshade Films is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on Fineshade Films. Negotiation with the ofﬁcials for moderation of guidelines is the CLlENT’s responsibility; Fineshade Films will offer technical recommendations only.
The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which Fineshade Films will be performing services.
LIMIT OF LIABILITY
In the unlikely event that the assigned photographer/videographer from Fineshade Films is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of Fineshade Films, Fineshade Films will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital ﬁles have been lost, stolen, or destroyed for reasons beyond Fineshade Films’s control, including but not limited to camera, hard drive, or equipment malfunction, Fineshade Filmsliability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. Fineshade Films is not liable for the loss of image beyond the lesser of the ﬁnal delivery of all products included in the package or one year.
We aim to be discreet whilst working but in low light conditions, additional camera-mounted or free-standing lighting may be required.
f. Coverage will be as the camera operative’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 film the event this may not always be possible if restrictions are imposed upon us on the day. Fineshade Filmscannot guarantee coverage of any particular individual or group during the day.
g. We use broadcast quality well-maintained equipment, however, we will not be liable for any radio signal losses, battery failures, wifi connection, equipment failure and or material defects, which are beyond our control. In the unlikely event of a total video failure, our liabilities are limited to a refund of all monies paid by the Client(s).
Fineshade Films shall be granted artistic license in relation to the posed photographs, footage and locations used. Although every effort will be made to comply with the clients’ requirements, Fineshade Films’s judgement regarding the location, poses and the amount of film recorded / number of photographs taken shall be deemed correct and not subject to dispute.
Fineshade Films will provide a pleasing colour balance but cannot guarantee exact colour matching. It is sometime not possible to accurately match on film or print the colour as seen by the human eye. There is no right to reject on the basis of style or composition. The photographer cannot take responsibility for print quality and colour balance of third party printers.
Certain conditions may not be accurate 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. If something occurred at the wedding that the Client does not want to appear on the final film, the Client must instruct Fineshade Films in writing before post-production begins.
Fineshade Films is a videography and photography team consisting of numerous camera operatives. We will allocate your videographer /photographer based on availability and location.
The aforementioned booking fee is due at the time of booking. The remaining balance is payable in full at least eight weeks prior to the day of the EVENT(S). In the event the CLIENT fails to remit payment as speciﬁed, Fineshade Films shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S).
Fineshade Films will work in line with Government guidelines, legal restrictions and control measures within the venue's risk assessment. It is the responsibility of the client and their guests to follow government guidelines, legal restrictions and to adhere to venue risk assessments in order to ensure the event is Covid secure. It is the client's responsibility to provide Fineshade Films with a copy of the Risk Assessment of each location Fineshade Films is contracted to attend in order to demonstrate to our insurers that we are working within Covid secure circumstances. If a risk assessment cannot be provided, Fineshade Films reserves the right not to attend this location and is not accountable for any lost coverage or impact upon the final products as a result of this loss of coverage. It is the CLIENT's responsibility to provide a safe working environment and Fineshade Films reserve the right to terminate coverage and leave a location if it is unsafe as per the SAFTEY paragraph above.
At Fineshade FIlms we aim to provide all our clients with their purchased products within these timeframes below.
Photography – Photos edited & delivered via private online gallery up to 8-12 weeks after the Date of the Event.
Videography – Videos edited & delivered via online video player up to 10-14 weeks after the Date of the Event.
The CLIENT will receive all products within 100 days after the date of the wedding.
Delivery times can stretch in high season between May-October.
a. Fineshade Films will endeavour to build your film around any special requests made within this booking 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. Fineshade Films will not be held responsible for scenes not included due to inclement weather or other conditions outside of Fineshade Films’ control.
b. Any final editing decisions are of the sole discretion of the Fineshade Films
c. Any changes requested on the final copy once sent out will be subject to a further charge.
d) To comply with Copyright law, if a choir or musician performs any music live, then a licence needs to be obtained from the Composer and Publisher of the music (Legislation Copyright Designs and Patents Act 1988 Part II, s.181 et). Composers and Publishers are represented in the UK and Ireland by MCPS. If the music is being played from a CD, record or any other recording, a second licence needs to be obtained from the Record Company. The Record Companies are represented in the UK and Ireland by PPL. CS supply both licences in Paragraph (5.e) as part of this wedding package and this should be communicated to your ceremony organiser.
e) Any loss or damage of material or software (i.e. video and/or audio supplied by the Customer(s) is limited to the cost of the media alone. No consequential loss is accepted by Fineshade Films
f) If a CLIENT submits any media to Fineshade Films for inclusion in the film, Copyright clearance is the responsibility of the CLIENT other than music covered in (d)
7. Acceptance of Goods.
a. The CLIENT shall within seven days from the delivery of goods give written notice to Fineshade Films of any respect in which it is alleged that the Goods do not comply with the terms and conditions of sale. Subject to any such notice, the goods will be deemed to comply with the terms and conditions of sale in all respects.
8. Ownership of the Master Footage and Copyright
a. The master Footage remains our property. Copyright in the master footage is vested in us. This means that:
b. We reserve the right to dispose of the master footage in our absolute discretion.
c. We do not accept liability in relation to any loss of and/or damage to the master footage.
d. Neither you nor any one on your behalf are allowed to make any copies of any footage, digital copies or other recorded media unless we have agreed in writing that you may do so. Please note that the copying of footage without our consent is a breach of copyright for which you may
be liable in damages
e Master Footage is kept for a period of one year.
f We reserve the right after you have received your copy of the films, to use the films or part of it to any prospective client who may wish to see a sample of our work, or to enter it into competitions, use extracts in our showreel or display online.
a. We keep a master copy of your film in our archives for up to one year. You may order additional copies within this period as required. If you wish to order additional copies after one year we cannot guarantee that the master will be available.