Agreement and Contract Consent: Wedding
Wedding Contract.
This Agreement and contract consent also called just as "contract or agreement" is made effective for all purposes in all respects as of today 's date by the client and between Hyperlink Films, herinafter referred to as “the COMPANY” and the Client hereinafter referred to as “The CLIENT” relating to the event(s) detailed in this form which describes “The EVENT(S) or model release form. Note: depending on the option you pick from the (Pick one option field), this contract may or not apply to you in its fully content.
ENTIRE AGREEMENT: This agreement contains the entire understanding between the COMPANY and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing, signed by all parties. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
RESERVATION: A digitally or manually signed contract and a non-refundable fee are required to reserve the dates and times of the EVENT (S) or photo shoot session. If the EVENTS are rescheduled, postponed or canceled; or if there is a breach of contract by the CLIENT, the non-refundable fee and/or other damages to Hyperlink Films will be settled. The CLIENT will also be responsible for the payment of any of the charges for COMPANY materials or contracts made to cover the client’s event, incurred up to the time of cancellation. In the event of a pandemic event, war or unfortunate decease of a client, client/s move to another country or state or client/s decide to cancel the event for any other reason, such as, groom /bride finds another partner, or any other reason, the non-refundable fee will no longer be refunded. Postponing and/or rescheduling the date is very possible, but we do not guarantee we can cover it and it is not our responsibility to cover it. In the event of postponed events been transferred to another date successfully, additional operating and human labor costs may be charged if necessary, specifically if postpone event takes longer than six months. Additional 10% to 20% charge after six months will be charged.
EVENT SCHEDULE: The client agrees to confirm the schedule one-week prior to the EVENT(S). Notification of any changes in schedule, hours-timings or location must be made in a timely manner and confirmation of receipt/approved email must be obtained from the COMPANY by the CLIENT.
SAFETY: PART 1: The COMPANY reserves the right to terminate coverage and leave the location of the EVENT(S) if the photographer/videographer from the COMPANY experiences inappropriate, threatening, hostile or offensive behavior from a person(s) at the EVENT(S); or in the event that the safety of the photographer/videographer from the COMPANY is in question. PART 2: Hyperlink Films is not responsible for any risk involved in the photo event-shooting like climbing rocks, stairs, cars, wet floors, etc. Hyperlink Films is also not responsible for other kind of accidents involved in the event/shooting time like missed appointments, missed days of work, car failures, sickness, etc. Client/s is responsible for its own willing unless stated in this contract. Hyperlink Films requests and receives permission from the client / s for direct posing correction / pose instructions and direct physical contact to the people who participate directly / indirectly in the event. Contact is in good faith and with the purpose of doing an excellent job: Direct contact areas: Include: hair, shoulders, hands, navel(belly), back, feet, legs, face, clothing in general.
If client is a minor, parent/tutor signature/consent is required and must fill the minor designated fields.
SHOOTING TIME / ADDITIONS: The CLIENT and the COMPANY agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. If the CLIENT does not arrive at the appointed time for the EVENT(S), shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to the CLIENT. Event coverage ranges from 4-11 hours for the following events: weddings, quinceañeras or baptizes. 4-11 hours is considered for us as a full day coverage happening same day. This applies to whatever applies first. For other events, please state it on the assigned fields in the contract. Other contracts / services to be attached or offers such as photo sessions prior to the main event may change prices, time ranges or time limits. Additional time is charged extra per hour depending on several factors that will be discussed under terms and conditions that must be done in writing/typying or filling digitally in the form UPDATE / NOTIFICATION SERVICE FORM............. send to hyperlinks@live.com
EXPENSES INCURRED: When applicable, the CLIENT is responsible for all travel, accommodation, meal and transport costs unless provided by the CLIENT.
TRAVEL EXPENSES: All travel expenses are based on the distance between the EVENT location(s) and the COMPANY studio address. For all EVENT(S), the first _____50______ miles roundtrip of travel are included. All miles, in excess of ____51________ miles roundtrip, are charged accordingly per mile or as discussed and entered in the contract description.
RESPONSIBILITIES: The COMPANY is not responsible for compromised coverage due to causes beyond the control of the COMPANY including but not limited to obtrusive guests, lateness of the CLIENT or guests, DJ's lights/laser can negatively impact the capture or even cause damage camera sensors. We highly recommend white lighting and keeping lasers off, weather conditions, schedule complications, incorrect addresses provided to the COMPANY, rendering of decorations, or restrictions of the locations. The COMPANY is not responsible for backgrounds or lighting conditions which may negatively impact or restrict the photo/video coverage. The COMPANY is not held liable for missed coverage of any part of the EVENT(S). The COMPANY will not be held accountable for failure to deliver images/video of any individuals or any objects at the EVENT(S).
VENUE AND LOCATION LIMITATIONS: The COMPANY is limited by the rules and guidelines of the location(s) and site management. The CLIENT agrees to accept the technical results of their imposition on the COMPANY. Negotiation with the officials for moderation of guidelines is the CLIENT’s responsibility; the COMPANY will offer technical recommendations only.
PERMITS: The CLIENT is responsible for acquiring all permits and necessary permission for all locations on which the COMPANY will be performing services.
FILM and COPYRIGHTS: The photographs/videos produced by the COMPANY are protected by Federal Copyright Law (all rights reserved) and may not be reproduced in any manner without the COMPANY’s explicitly written permission. If the CLIENT has purchased an “Image/video DVD/video file” from the COMPANY, upon final payment by the CLIENT, limited copyright ownership of the resulting images/videos will be transferred to the CLIENT. If the CLIENT has purchased an “Image/video DVD/video file” from the COMPANY, the COMPANY grants the CLIENT permission to share the images/video on social networking websites, with family and friends, and on vendor websites as long as the images/videos remain unaltered and textual credit is explicitly given to the COMPANY. The CLIENT must obtain written/digitally written permission from the COMPANY prior to publishing or selling the photographs/videos. Request Ownership Grant Form for permission to upload or share content. Any digital media provided to us by clients is not in the interest of ownership, copyright, trademarks, patents or any other proprietary rights for Hyperlink Films services. Uploading private or other’s media rights to online streaming web services is not part of Hyperlink Films or (I) sole proprietor services, agreements or associated offerings.
RIGHTS OF USE OF DIGITAL FILES
Creative Commons: Hyperlink Films uses Creative Commons Music or other free or paid media which can be share, modify or share without problems. We will only use media we know it is safe to use. Our work is not intended to cause headaches. By client requests, we may add clients’ requests in regards media but client takes full responsibility of any legal actions against Hyperlink Films. Read below if applies to you! Requests: If video contains requested (by the client) copyrighted music from musicians, artists, music labels, Hyperlink Films is not liable or responsible for any reason. Client is hold liable if media is uploaded online or be share to people who potentially can get you in trouble by uploading copyrighted protected content. To use someone else’s digital work, you the client will be responsible that a license has been purchased or you approve to use media which does not belong to Hyperlink Films. You agree to be held responsible for any negative impact cause by others’ copyrighted work. If video we film/record with unpurchased music license is uploaded online (social media, YouTube and other networks) by the client or their known persons, client has full responsibility. Hyperlink Films does not encourage to use other’s work without a license or permission. Instead, we support paying or use free creative commons media.
We know the importance of those special days. We know how difficult is to get a license of that special song. We want you to be happy. We also want you to be out of trouble. Stay restricted to what you do with digital media. We will do our best to better guide you!
By signing this contract, you (the client) take full responsibility live music backgrounds is captured by our equipment and if you the client decide you want this raw media or edited media with unlicensed media. You (the client) understand that Hyperlink Films is/will not be responsible for any exposure of this work to the online community. Also, the client must sign this form if at your event, the person in charge of the sound/visuals has used any type of audio / visuals that were captured by our video or photography equipment. By signing, you agree that audio or video with possible copyright ownership were reproduced at your event and you or the person in charge of the audio are responsible for playing, using or recording, have purchased / obtained the audio or visual reproduction rights.
By signing or initialing on the following line, you understand the terms of the RIGHTS OF USE OF DIGITAL FILES: and Creative Commons. Videographers/photographers might capture background sounds/photos, digital media which may/will be on your final video but we are going to make sure no media from other creators without license will be used and that your favorite songs will not be in your final video. If you the client decide to keep the video documentary, you become responsible and keep it for personal documentary use and never attempt to sell.
MODEL RELEASE: The CLIENT hereby assigns the COMPANY the irrevocable and unrestricted right to use and publish photographs/videos of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, educational and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same without restriction. The CLIENT releases all claim to profits that may arise from use of images/videos. I hereby authorize Hyperlink Films, affiliates, advertising agencies, partners, and contractors, to use my image, recording and likeness in any form of media, including still image, audio, and/or video, and to use those images and/or recordings for publish, broadcast, copyright or distribution of any kind without notifying me. I authorize Hyperlink Films to use my name in connection with the media content, and to use, copy, reproduce exhibit or distribute in any medium those images, recordings and content.
I understand that all prints, digital media, and any other production and shall not be returned to me. I waive any rights, title, claims or interest I may have to control or approve the use of my identity or likeness in the media used in conjunction with the images and/or recordings now or in the future. I waive any right to royalties or other compensation arising from or related to the use of the images and/or recordings.
I hereby agree to release and hold harmless Hyperlink Films, including their respective subsidiaries, affiliates, advertising agencies, partners and contractors from and against any and all claims, damages or liability arising from and/or related to the use and/or modification of the images and recordings. I agree to release Hyperlink Films from liability for any violation of any personal or proprietary right I may have in connection with any use of my likeness or image for any use described above.
I understand that this document is intended to be as broad and inclusive as permitted by the laws of the state in which the activities take place, and agree that if any portion of this agreement is invalid, the remainder will continue in full legal force and effect.
LIMIT OF LIABILITY: In the unlikely event that the assigned photographer/videographer from Hyperlink Films is unable to perform to the guidelines of this contract due to an injury, illness, act of God, act of terrorism, or other cause beyond the control of the COMPANY, the COMPANY will make every effort to secure a replacement. If the situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the EVENT(S).
In the unlikely event that digital files have been lost, stolen, or destroyed for reasons beyond the COMPANY’s control, including but not limited to camera, hard drive, or equipment malfunction, the COMPANY liability is limited to the return of all payments received for the EVENT(S). The limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the percentage of total number of originals. The COMPANY is not liable for the loss of images/videos beyond the lesser of the final delivery of all products included in the package.
CAPTURE AND DELIVERY: Last minute contracts do not guarantee full service capacity, especially when our company is hired to do video and photography. Client be aware and before signing this contract, discuss with our company about capture and possible service flaws due to inappropriate planning. The COMPANY is not liable to deliver every image/video taken at the event. The determination of images/video/music delivered to the CLIENT is left to the discretion of the COMPANY. Hyperlink Films is not responsible for the ambient music is captured at the event. Client is responsible if this work contains copyrighted music being played in the event or client decides to upload this media to online sites or client decides to buy raw video and copyrighted music is in the background of captured video clips from our company.
POST PRODUCTION AND EDITING: The final post production and editing styles, effects, and overall look of the images or video and background music are left to the discretion of the COMPANY. Before signing, make sure you go to our website, social media page and pay close attention to our work styles. What You See Is What You Most Likely Will Get.
PAYMENT SCHEDULE: The aforementioned _____________$1500___US Dollar__________ non-refundable retainer fee is due at the time of signing of agreement. The remaining balance is payable in full prior to or the day of the EVENT(S). In the event the CLIENT fails to remit payment as specified, the COMPANY shall have the right to immediately terminate this agreement with no further obligation, retain any monies already paid, and not attend the EVENT(S). Returned checks will be assessed a $_______$50__________ non-sufficient funds fee.
PRICING: Services or merchandise not included in this initial contract will be sold at the current price when the order is placed. All prices are subject to change at any time without notice. Credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the COMPANY.
Agreement and Contract Consent update 8/13/2021 V.1