Mark Battle Wedding Videography
and Photography Contract
Terms and Conditions
Exclusivity. It is understood that Mark Battle is the exclusive Videographer retained by the client to cover outlined event. Any conflicts with other photographic and/or video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the client.
Permits. Client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for Mark Battle to photograph/video each event, public or private. 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 camera positions. The client warrants that he/she has the legal rights to anything Mark Battle will film, including photos, musical recordings, video, or any other materials delivered to Mark Battle for inclusion in the clients video.
Exclusive Ownership and Deletion of Materials. The Clients shall retain exclusive ownership of all video masters, raw footage, and photographs related to the event. Upon the successful transfer of all final files to the Clients, the Contractor agrees to permanently delete and remove all copies of video masters, raw footage, and photographs from their systems, storage devices, and any other form of retention. The Contractor further agrees that no copies, backups, or derivatives of the materials shall be retained unless expressly requested and authorized in writing by the Clients.
Artistic Style. On its own behalf and on behalf of the subject: Client acknowledges that he/she is familiar with the Company’s portfolio and is requesting services with knowledge of the company’s style and that the Company’s work is constantly evolving; that the Company's services are of a unique and artistic nature; that the final video may be different from the videos done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create images consistent with our personal judgment to create images and videos consistent with our vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, client acknowledges that the photos or videos shall not be subject to rejection on the basis of taste or aesthetic criteria.
Revisions. The client has critically viewed samples of Mark Battle’s video work and hereby grants full editorial and production control to Mark Battle for all aspects of the production and post-production services for the event. In the event a particular segment of the event is either not recorded, partially recorded, or not a part of the edited master video, it is at the sole discretion of Mark Battle as the exclusive producer of the event video recording. Changes requested to the final video after delivery to client are charged at a rate of $500.00 / hour.
Retainer and Termination. A 50% retainer fee of the total base cost is due at the time of booking to reserve your date and price. The client reserves the right to terminate the contract for any reason up to 5 days after the date of down payment. Should the client terminate the contract after this time, all money paid minus the 50% retainer will be refunded.
Should you need to postpone or cancel your event, your deposit is 100% transferable to another date based on Mark Battle’s availability without penalty.Client and Videographer Safety. It is important that both Client and Videographer feel safe throughout the Event The parties agree as follows with respect to safety:
Videographer has the absolute right to refuse to continue with a shoot if, at any time, Videographer feels unsafe (with respect to Videographer’s person and/or property) or is subjected to harassment, threats, abusive behaviors, health concerns, or other hazardous conditions (whether from Client or from others in the immediate environment). If the threat, abuse, harassment, or other unsafe condition is not the result of any action by Client, Videographer and Client shall either reschedule the Event or move the Event to a non-threatening location. If Client harasses, threatens, or abuses Videographer or puts Videographer in a hazardous position, Client shall not be entitled to a refund or to have the Event rescheduled.
Client has the absolute right not to feel uncomfortable or unsafe during the Event. Videographer does not want anyone to do something that they feel is risky, dangerous, or inappropriate. Client agrees to raise concerns as soon as they arise. Videographer shall comply with any requests and honor any concerns raised by Client. Because Client is responsible for voicing any concerns, Client agrees not to hold Videographer liable for any injury, harm, or damage that may occur during the Event, including from Client taking direction from Videographer. By following the direction of Videographer without stating concerns, Client takes full responsibility for Client’s actions and all consequences of those actions.COVID-19. We can only imagine the stress that this pandemic is causing you considering the work and effort that go into planning your dream wedding. Rest assured that we understand this difficult challenge and have a plan in place to help bring you more peace of mind during this uncertain period.
Should you need to reschedule, postpone, or cancel your wedding due to COVID-19, your first point of call should be your wedding insurance if you have it. They should be able to guide you through a position that is specific to your policy if the government declares a lockdown, or if the wedding has to be postponed or canceled due to COVID-19.
Your deposit is non-refundable after 5 days of upon booking your wedding. If the wedding is canceled or rescheduled, whether as a result of government recommendation, third party choice (venue, etc) or personal choice, we cannot refund this deposit. That said, you will not be expected to pay the remaining balance owed for your wedding day. The deposit can go toward rescheduling your date or it can be used toward another videography session such as an elopement, a simplified ceremony, live-video streaming, etc. Please note that there is no fee for rescheduling your wedding as a result of the COVID-19 pandemic.We also ask that if you or your future spouse present symptoms of COVID-19, and if you choose to go against quarantine recommendations and still have your wedding, that you let us know. It is our feeling that in this case, you should immediately cancel your event to reduce the spread of this virus to your guests and vendors. As your videographer, we spend a lot of time with you and come in very close contact all day. A pandemic falls under the Force Majeure in our contract and we reserve the right to cancel services without penalty in case of pandemic exposure in order to keep our communities safe.
We are also committed to your health and well being. If we are in any way compromised, we will not put you or your guests at risk.
Expenses. Client agrees to reimburse the Videographer for all reasonable expenses incurred, provided that such expenses shall be itemized and supported by invoices. Client is responsible for all out-of-pocket expenses, such as parking, entry, toll and other expenses directly related to the photographic assignment. Such expenses will be billed as they become available.
Travel and Destination Weddings. Ground travel up to 60 miles round-trip from Kingston, NH, U.S.A. is included in the base cost of services. After 60 miles, mileage will be charged at $0.70/mile. Lodging will be required if the venue is more than 60 miles from Kingston, NH, U.S.A.
For destination weddings requiring air travel, travel arrangements will be booked by the Videographer. Airline travel is always scheduled with one to two extra days before the wedding, to account for unexpected airline cancellations and delays. The Client agrees to reimburse the Videographer for airfare, hotel, and transportation { e.g. taxi or rental car }. These charges will be included as an addendum to the agreement, and signing the agreement indicates Client approval.Limit of Liability / Force Majeure: If Mark Battle fails to comply with the terms of this agreement due to any event or at beyond the control of Mark Battle, including but not limited to illness, accident, labor disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, Mark Battle’s liability is limited only to a refund of all monies received.
Event Food Service. The client will provide a meal for the Videographer and any assistants / additional cinematographers during the time when the meal is being served to the guests. These may be served in the dining room or at another location in the reception venue.
Deliverables. A screener video will be sent to the client 4-6 weeks following the day of the event in the form of a YouTube / Vimeo link at which time the client is responsible for the remaining 50% of the total cost of services. When all monies have been paid, the final video will be delivered via Dropbox and / or USB drive which will include the full HD film and all of the raw footage from the event.
Failure To Pay: Failure to make payments as agreed above shall result in a breach of contract of this agreement whereby client shall forfeit all monies paid. Failure by client to make any payment when due shall entitle the Videographer to withhold services and terminate this agreement without any further responsibility to client and without refund of any amounts received from client.