Confirmation of Booking:
No booking is confirmed until the signed contract and required deposit is received. Deposits will be made via FreshBooks payment system, or any other discussed and agreed upon payment method.
Payment
Client shall pay a non-refundable retainer equal to 50% of final package price to secure the services and products specified herein. Upon signing this contract, the amount of the retainer shall be applied to reduce the total balance of the package price. The final balance must be paid in full fourteen (14) days prior to the event. Please remit a payment via the Venmo App to username: @Gianni-Vega
Cancellation or Postponement
If Client should cancel the event for any reason, the retainer will not be refunded. If canceling this Contract, Client must notify This Magic Moment Films in writing. To consider a date change, This Magic Moment Films must first receive a written release of the current contracted date, which will null and void this written contract. If Client needs to change the event date, all monies paid will transfer to the new date per a newly written and signed contract if that date is available for This Magic Moment Films The new date must be within six months of the original date or the new contract will be subject to This Magic Moment Films current rates. If the new date is unavailable with This Magic Moment Films, the contract will be cancelled, and the retainer will not be refunded.
Production and Editorial Control
This Magic Moment Films is granted full production and editorial control by the client regarding all aspects of the wedding film.
Music
All music must be legally licensed. The purchase of music is included in the package price, unless otherwise noted.
Meals
This Magic Moment Films asks that a meal be provided for videographers for events lasting 6 hours or longer. If a meal is not going to be provided, then videographers may leave the reception for up to thirty (30) minutes to obtain a meal. Please let us know in advance if a meal will not be provided so we can plan accordingly and minimize our absence. This Magic Moment Filmsis not responsible for events not captured while obtaining a meal.
Changes
Client may request changes upon reviewing the first delivered edit. If such changes require more than two hours of editing time, such extra time shall be billed at $20.00 per hour. Changes must be requested by email within five (5) days of delivery of the first edit.
Substitutions
In the event of illness or any other reason outside of the control of This Magic Moment Films, This Magic Moment Films reserves the right to substitute videographer(s) assigned.
Production Liability
This Magic Moment Films will not be held liable for any production problems beyond our control, i.e. bad weather, accidents, poor acoustics/lighting, interference from guests, etc. For outdoor weddings This Magic Moment Films utilizes proper equipment to reduce wind noise and utilizes weather sealed cameras in the case of a drizzle or light rain. However, This Magic Moment Films reserves the right to immediately remove all equipment to an indoor location in the event of weather that may be hazardous to equipment or cinematographers, i.e. lightning, hard rain, etc. The client acknowledges that outdoor, especially beach weddings, may be subject to high winds that may or may not affect recorded audio. This Magic Moment Films will do everything possible to reduce wind noise while shooting but it must be acknowledged that wind noise might be captured by our microphones and is out of our control. Due to our unobtrusive style, This Magic Moment Films attempts to film your event utilizing available light but we reserve the right to use supplemental lights if the available lighting is not adequate.
Delivery
You will receive a final edit for review online approximately ten (10) weeks from your wedding day. Films are delivered digitally via a VIMEO download link. Films are provided in 1080p high definition. The client is free to duplicate these files.
Usage
This Magic Moment Films reserves the right to use your video for display and promotion. Your video may or may not be available for viewing on various websites owned/maintained by This Magic Moment Films as well as external sites such as YouTube and Vimeo. All raw footage and video masters remain the exclusive property of This Magic Moment Films The raw footage may be used in additional compilation/highlight videos created as self-promotion by This Magic Moment Films. Your footage will never be sold to a third party or used in a defamatory manor. Raw footage and all digital files associated with your film will be archived for at least one (1) month after the date of your event.
Liability
This Magic Moment Films takes the utmost care filming and editing your event, however, in the event This Magic Moment Films fails to comply with the terms of this agreement due to fire, casualty, act of God, illness, or any other cause beyond our control, then This Magic Moment Films shall return all monies paid, including the retainer, and shall have no further liability with respect to this contract.
Choice of Law/Arbitration:
This agreement shall be construed in accordance with the laws of the State of NEVADA. Any claim or dispute arising out of or relating to this agreement or the breach thereof shall be settled by arbitration under the rules and regulations of the American Arbitration Association. The parties hereby agree to be bound by the award in such arbitration and judgement upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.
These conditions may not be varied or waived except with the written agreement of This Magic Moment Films. No contractual terms and conditions sent by the client to the producer shall be of any effect with respect to this contract unless specifically accepted by This Magic Moment Films in writing.
