The following terms and conditions are the sole basis by which Okanagan Digital Media hereinafter referred to as “ODM” accepts this assignment.
1. In any event of a postponement or cancellation of this contract by client, the retainer and/or payments made are not refundable, length of time in giving notice of cancellation is not a factor.
2. Payments… A 50% deposit is due at the signing of this agreement, a further 25% is due 3 months prior to the wedding date, final 25% payable 1 month prior to the wedding day. A 10% discount is given if payment is made in FULL at the time of booking. Payment in FULL is required if initial booking is made within 60 days of the wedding date and the discount will not apply. Payment in FULL must be received for the “World to See” package at the time of booking.
3. ODM takes utmost care with respect to the filming, editing, duplication and delivery of the video products and services offered. However, if ODM fails to comply with the terms of this agreement due to any event or act beyond the control of ODM, including, but not limited to illness, accidents, labor disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, ODM’s liability is limited only to refund of all monies received.
4. When watching your DVD for the first time please make sure there are no typographical errors. After delivery ODM needs to be informed within 10 days. Any changes that are deemed by ODM to be subjective will be billed at a $200.00 per hour re-editing fee. After 10 days no changes are possible.
5. On the day, if you notice anything which you feel should not be included in the final footage, please advise us so that it can be omitted at the editing stage. A re-editing charge will apply otherwise.
6. ODM will make every effort to ensure the safekeeping of any tapes, personal property, pictures, etc. associated with any project. However, ODM will not be responsible for any damage that incurs while in ODM possession. All property is given to ODM at the complete and total risk of client. This is to include any material that is delivered to client, be it by Canada Post, Fed-Ex, UPS or any other delivery contractor. ODM is not responsible for any lost and/or damaged property.
7. It is understood that ODM is the exclusive official videographer retained by client. Any conflicts with any other professional videographer, contracted by any parties associated with the event are the sole responsibility of client.
8. Client assumes all responsibility for obtaining any necessary permission, clearance, permits, etc. which may be required for ODM to shoot each event, public or private. Client is solely responsible for any administration fees, passes, tickets, etc. necessary for ODM to gain access to and shoot each event. Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of or inability to use, such requested camera positions.
9. ODM is not responsible for damage of malfunction to any video tapes or DVD’s after they leave ODM’s studio, unless we determine it was defective before it left the promises, whereas we will replace said DVD.
10. Client hereby releases and authorizes ODM to use images, names, sounds, etc. of each event and any reproduction and/or recordings of same in connection with any contest, exhibition, display, advertising promotions, website and inclusion in demonstration tape or other purposes. In return, ODM agrees to use same in good faith and good taste.
11. ODM will do its best to complete all projects within 16 weeks from the date of either the event date or date client delivers all materials necessary to complete the project. This completion period is only an approximate length of time and any longer periods necessary for completion will not void this contract. ODM will notify client of such circumstances.
12. ODM retains all copyrights and reproduction rights for each production, raw footage, edited masters and all copies of each production, whether in whole or part. ODM retains possession of raw footage and edited master tapes. Client agrees to only delivery of contracted copies.
13. ODM is hereby granted full production control by client regarding all aspects of the production and post-production. In the event a particular segment of the event is either not recorded, partially recorded, or overlooked by ODM, ODM is not held responsible for any deductions or discounts on contract. ODM is exclusive producer of the event video recording. Client understands that the event is not scripted, i.e. no re-takes, and that ODM has little or no control over the flow of activities at said event. ODM will make every reasonable effort to record all important moments of the event. Of course, ODM will acknowledge any reasonable special requests by client.
14. If you have booked either the “From this Moment” or “Happily Ever After” package, a full dinner meal must be provided for ODM. Shooting an entire wedding day is exhausting and we need to stay hydrated and keep our energy up but will not have time to leave the events and get our own food or drinks. Because of this, we require that you provide our meals at the same time as yours, and at a location that is within sight of you and your guests so we don’t miss anything important. We like to get very comfortable visiting and blending in with your guests throughout the day, so it feels very natural to be seated at a guest table. Please don’t forget to tell your coordinator about these details because they will most likely be responsible for seating everyone, and they tend to want to hide us away in some distant back room.
15. Same Day Edits will be completed on the same day as the event. In the unlikely event that the Same Day Edit cannot be completed on the same day due to circumstances beyond our control such as but not limited to equipment failure or any other emergency, the studio shall create a DVD similar to what would have been shown for the client within one week of the wedding.
16. Once a specific package is chosen and the contract signed it is not possible to down grade that package. A upgrade is possible if available.