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 Property. Mark Battle reserves the right to use videos and photos for display and or promotional purposes. All video masters, raw footage and photographs remain the exclusive property of Mark Battle.
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.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 80 miles round-trip from Kingston, NH, U.S.A. is included in the base cost of services. After 80 miles, mileage will be charged at $0.65/mile. Lodging may 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 / Fore 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.
DJ/Laser Lights: Please note that in the event that any event DJ / band / event performer(s), etc. makes use of any laser lights { beams, dots, etc. }, Mark Battle will be unable to film while those laser lights are active. Laser lights will permanently damage professional video equipment and optics under direct or indirect exposure.
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.
The remaining 50% of the total fee is due on or before the day of the wedding / event.
A digital screener video will then be sent to the client 4-6 weeks following the day of the event in the form of a YouTube / Vimeo link. When all monies have been paid, the final video will be delivered via Dropbox and / or USB drive which will include the full 6-9 min HD highlight film. Raw footage is kept for four { 4 } months after the wedding date, and the final video is kept for two { 2 } years. Archived video cannot be guaranteed beyond those time periods.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.