Terms and Conditions of Business
It is mutually agreed that the following terms form an integral part of this contract and that no variation or modification shall be effective unless accepted by Aerial Film and Photo in writing.
A booking fee of £250 is required when the client signs the contract. Dates are reserved only when the booking fee is paid. The Cameraman/Photographer will reserve the time and date agreed upon and will not make other reservations for that time and date. For this reason, the booking fee is non-refundable, even if the date is changed or shoot cancelled for any reason, including acts of God, fire, strike and extreme weather. This booking fee will apply towards the contract fee.
The balance of the payment for the services contracted for must be paid not later than 21 days prior to the shoot. Payments for additional content are to be made when these are ordered. Any bank charges incurred due to returned cheques will be debited to the Client.
In the event of the Client cancelling a booking Aerial Film and Photo reserves the right to charge a cancellation fee in accordance with the following scale:
i. £250,(the booking fee), if cancelled more than 2 months prior to the shoot date.
ii. 35% of the agreed fee if cancelled between one and two months prior to the shoot date.
iii. 50% of the agreed fee if cancelled less than 1 month prior to the shoot date.
iv. 100% of the agreed fee if cancelled within 15 days of the shoot date.
Should the cancelled shoot turn out to be a postponement, then at the discretion of Aerial Film and Photo, and subject to availability, monies may be applied to the new shoot.
The parties agree to a pre-shoot consultation before the shoot in order to finalise the actual shooting times, locations and the Client’s request list (in writing) for any specific content. The Client will be responsible for, or have someone designated, to identify specific content as desired. The Cameraman/Photographer will not be held accountable for not filming/photographing desired content if it has not clearly been identified in advance of the shoot.
WEATHER AND/OR DELAYS
Weather permitting the content will be recorded as agreed. In the event of inclement weather the Cameraman/Photographer, in co-operation with the Client will make the necessary changes to the schedule and will do his best to produce coverage of the event / location within the time allocated to him. Similarly, when delays occur due to circumstances outside his control, the Cameraman/Photographer will stay on beyond the agreed time but may charge an additional fee for extra time involved.
REQUESTED SPECIFIC CONTENT
The Cameraman/Photographer will honour requests for specific content subject to the following: conditions and time permitting; availability and the co-operation of the subject matter concerned. All such requested content must form part of the Client’s final shot list.
EXCLUSIVITY / GUEST FILMING & PHOTOGRAPHY
It is understood that the formal filming and photography time is for the express use of the Cameraman/Photographer to capture the formal shoot content. Because of time constraints and the need for subjects to give full attention to the professional Cameraman/Photographer, recording of content by anyone else cannot be permitted during the formal filming, photography time. If time permits, the Cameraman/Photographer will make opportunities throughout the formal shoot for others to take photos.
Aerial Film and Photo cannot be held responsible for the lack of coverage caused by the Client or subjects at the shoot not being ready on time, nor by restrictions placed on the Cameraman/Photographer by officials of the venue. The Cameraman/Photographer does not guarantee any specific picture nor to include any specific background, location, props, or arrangement, although every effort will be made to interpret the Client’s wishes. The Cameraman/Photographer is limited by the guidelines of the location management. The Client agrees to accept the technical results of their imposition on the Cameraman/Photographer. Negotiation with the officials for moderation of guidelines is the Client’s responsibility. Aerial Film and Photo will offer technical recommendations only. For Time-lapse cameras installed on site Aerial Film and Photo does not guarantee any specific content nor to include any specific outcomes, although every effort will be made to interpret the Client’s wishes. Aerial Film and Photo cannot be held responsible for the lack of coverage caused by external disruption to cameras or the location.
COLOUR MATCHING and SIZES
Owing to photochromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing images, the Cameraman/Photographer will endeavour to achieve a pleasing overall colour balance. It is understood that some colours may not remain consistent throughout the content owing to variations in lighting conditions. It is also understood that all photographic printing and film production is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of prints made at different times or in varying sizes may also be variable. Due to the limitations of computer monitors it is understood that images may appear differently according to the specification of each monitor and that prints will not match images rendered on any particular computer monitor. Where content is made available for digital reproduction reasonable steps are taken to ensure compatibility.
All print and presentation sizes quoted are approximate and subject to the discretion of Aerial Film and Photo.
NEGATIVES and DIGITAL MEDIA
All content created by Aerial Film and Photo shall remain the property of Aerial Film and Photo who undertakes to store all such content safely for a period of 12 months and make it available for reproduction during this time. Photographic prints and digital media will become and remain the property of the Client. However the Client specifically acknowledges that ownership of prints and digital media does not imply ownership of the copyright of the content on them, or any right to reproduce, or authorise the reproduction of, such content.
Although every possible care will be taken to produce content of all important and significant moments during the event, the Cameraman/Photographer cannot place an unconditional guarantee on the above. The Cameraman/Photographer will not be held responsible for any ruined content due to guests’ (or any other) flashes or intervention; or any other ruined content due to any other cause in or outside of the Cameraman/Photographer’s control.
LIMIT OF LIABILITY
In the unlikely event of severe medical, natural, or other emergency it may be necessary to provide a different Cameraman/Photographer. The Cameraman/Photographer will make every effort to secure a skilled 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 package. The Cameraman/Photographer takes the utmost care with respect to exposure, transportation, and processing all content including using professional grade equipment and professional grade backup equipment. However, in the unlikely event that content has been lost, stolen, or destroyed for reasons within or beyond the Cameraman/Photographer’s control, the Cameraman/Photographer’s liability is limited. The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of the total number or originals.
The client hereby grants to Aerial Film and Photo and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish content of the Client, guests and locations or in which the Client, guests and locations may be included, for editorial, trade, advertising and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The client hereby releases Aerial Film and Photo and its legal representatives and assigns from all claims and liability relating to said content.
The copyright in all content created by Aerial Film and Photo shall remain the property of Aerial Film and Photo in accordance with the Copyright, Design and Patents Act 1988. The Client shall have no right to reproduce, nor to authorise the reproduction of, by any means whatsoever, any content created by Aerial Film and Photo. This includes photocopying, scanning into computer, photographing with a film or electronic camera, including a video camera, and producing either a digital or hard copy on paper, film, or similar medium, and also recording an electronic image on a computer hard disc, or any tape, disk or other recording medium. Nor is it permitted to transmit or allow to be transmitted such images by cable, radio waves or the internet. The Client hereby acknowledges that infringement of Aerial Film and Photo’s copyright is unlawful and may be a criminal offence. The Cameraman/Photographer accepts no responsibility for the quality and colour reproduced from third party printers of images taken from any copyright free images supplied, due to variations in paper and third party printing processes and profiles.
Copyright Aerial Film and Photo 2019