TERMS & CONDITIONS
1. Definitions
“The Videographer” means Old Pine Films. “The Client” means any person, body of persons, firm or Company with whom the Videographer enters into a contract for the sale of goods or provision of services by the Videographer.
2. Acceptance of Terms and Conditions
All contracts and transactions between the Videographer and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between the videographer and all or any of its Clients. Payment of retainer is agreement of terms & conditions.
3. Copyright and Ownership and Delivery
The copyright of all footage created by the Videographer is owned by the Videographer. Unless otherwise stated, the client will receive an edited selection of high-definition footage. The entire copyright in the footage is retained by the videographer at all times throughout the world.
4. Cancellation
If a booking is cancelled by the Client within seven working day of the starting time, the Videographer reserves the right to charge his full fee for the assignment. If a booking is cancelled within ten working days of the starting time, the videographer may charge 50% of his fee.
For cancellations/postponements due to weather conditions, the Videographer reserves the right to charge his full fee and expenses due to weather conditions on location. In such instances, the videographer may charge in full for his expenses (e.g. including but not limited to; hire of specialist equipment, vehicles etc), that he may have incurred prior or during the assignment taking place.
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative videographer. Old Pine Films will make every effort to secure a replacement videographer of the same professional standing and ability able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
If the client wishes to change or cancel the booking date the Videographer ( Old Pine Films) will do his best to accommodate this if date is available. If the date is not available the Videographer reserves the right to keep the retainer/deposit.
5. Payment Terms
For first-time clients, payment for all products and services provided by the videographer must be made 7 (seven) days before the event.
A retainer/deposit is needed to book the services of the Videographer (Old Pine Films). Booking is only confirmed when the retainer has appeared in the Videographers bank account. The retainer/deposit/booking fee is refundable for 14 days after the original booking date. After the 14 days the deposit/booking fee is non refundable.
6. Retention of Title
The Videographer reserves the right to retain all of the Clients materials in his possession until all monies owed to the Videographer have been paid in full.
7. Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to the videographer by the Client. The videographer reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, the videographer shall endeavour to provide an indication of what these additional charges will be.
8. Representation
The Client shall ensure that there is an authorised representative present at the assignment to ensure the correctness of the videographer’s interpretation of the Clients brief. In the event of no Client representation, the videographer’s interpretation of the brief shall be deemed as correct.
The videographer is limited by the guidelines of site management. The Client agrees to accept the technical results of their imposition on the photographer. Negotiation with the officials for moderation of guidelines is The Client’s responsibility; Old Pine Films will offer technical recommendations only.
9. Confidentiality
The Videographer acknowledges that in the performances of the services, he may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, the Photographer agrees to keep this information secret and not to disclose such information to other parties except as required by law.
10. Conduct
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. The videographer reserves the right to terminate any assignment without notice if he deems the Clients behaviour to be unruly or unsafe. In such instances, the videographer reserves the right to charge his full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse the videographer or his agents for any loss/damage they cause to property or equipment.
11. Liability
The Client agrees that in all dealings with the Videographer, the Videographer’s liability will be limited to the following sums:
Public Liability: Limit of indemnity – €1,000,000
Professional Indemnity: Limit of indemnity – €25,000
In the event of any loss or damage to footage Old Pine Films liability will be limited to a refund of all monies paid.
13. Delivery of Products and Services
The supply of products and services are provided by the Videographer on a best endeavours basis. The Videographer will not be liable for delays that are beyond his reasonable control. The Videographer shall use reasonable endeavours to meet agreed deadlines where applicable. The Videographer shall not be liable for any delays in meeting any of his obligations which were due to causes beyond his reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit etc.
14. Prices & Terms
The Videographer reserves the right to amend both Prices and these Terms and Conditions without prior notice.
15. Rush Services
The Videographer reserves the right make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
16. Sharing & Storage
Footage will be shared via GoogleDrive and/or We Transfer. It is the clients responsibilty to back-up/download the edits to their own drive/USB/computer for further viewing and safe keeping. Edits will be available on Google Drive for 3 months and then deleted from Old Pine Films Google Drive account. Client is then responsible for storage of all files.