COPYRIGHT
The videos remain the property of Activated Visuals and may be used for promotional purposes, including on the Activated Visuals website and social media pages, without requiring additional compensation from the client or their agents. However, the delivered videos are licensed for the client's personal use only. Activated Visuals will obtain consent and approval before using the client's videos for promotional purposes.
NON-REFUNDABLE RESERVATION FEES
A 30% reservation deposit is required upon signing this Agreement. Once paid, Activated Visuals will reserve the Event time and date exclusively for you. All reservation fees are non-refundable. If the deposit is not paid within 3 days of signing, the contract will be terminated. By paying the deposit, you agree to the terms and conditions outlined in the Agreement.
PAYMENT
The remaining balance is due on or before the day of the Event.
COLLECTION
In the event that Activated Visuals is required to file a legal action to collect fees due from Client under this Agreement, or to otherwise enforce this Agreement, then Activated Visuals shall be entitled to recover all cost and expenses spent on legal action, including an award of reasonable attorney’s fees.
CHANGE IN DATE, TIME OF THE EVENT
In case of a change in the time or date of the Event, Activated Visuals shall make reasonable efforts to accommodate the change. However, if the new time or date conflicts with existing Events booked by Activated Visuals, Activated Visuals reserves the right to terminate the Agreement. In the event of such termination of contract, Client shall forfeit any previous NON-REFUNDABLE RESERVATION FEES.
TERMINATION OF CONTRACT
Activated Visuals reserves the right to terminate this contract at any time for any reasonable cause, such as, accident, ill health, labor disputes, acts of God, and unforeseeable equipment failure, in this event all monies will be refunded in full.
WORKING CONDITIONS
Clients must ensure a safe working environment, including shelter from rain, extreme temperatures, and humidity. Filming may be limited under these conditions. When filming in uncontrolled environments, the Videographer will work within venue constraints and adapt to the circumstances to achieve the best possible results. Clients are responsible for informing Activated Visuals of all event timings and locations and must notify Activated Visuals of any changes. Activated Visuals is not responsible for coverage lost due to timing changes.
If the Videographer and crew face unsafe conditions, illegal acts, or other serious issues, Activated Visuals reserves the right to cease the assignment, leave the location, or terminate the Agreement. No refunds will be provided under these circumstances. Clients agree to indemnify Activated Visuals and crew against any damage or injury resulting from hazardous conditions. Activated Visuals is not liable for coverage lost due to access restrictions, guest interference, or bad weather.
RIGHT TO RECORD
Client’s guests and crew are considered to have consented to the use of their names, images, or likenesses by Activated Visuals. The Client agrees to defend and indemnify Activated Visuals against any claims made by the Client’s guests or crew.
Activated Visuals will be the sole videography/photography service provider for the Event. If Activated Visuals is contracted only for videography, another company may be allowed to shoot at the event, provided they do not interfere with Activated Visuals’s work.
CREATIVE CLAUSE
Activated Visuals has full editorial, production, and content control over all aspects of the production and post-production. If any segment of the event is not recorded or is partially recorded, it is at Activated Visuals’s discretion during final edit. If the Client wishes to exclude any specific content from the final edited video, they must notify Activated Visuals within 3 days of the event.
Activated Visuals cannot guarantee the quality of video, or audio due to limitations imposed by the event location. The Videographer cannot interrupt or interfere with the event to address unsatisfactory conditions and is not responsible for missed or omitted shots due to being blocked by guests or other vendors.
STYLE OF PRODUCTION
All creative decisions, including shooting and editing styles, are at the discretion of Activated Visuals. The Client, having reviewed Activated Visuals's portfolio and being familiar with its style, acknowledges that the final videos will not be subject to rejection based on taste or aesthetic preferences.
The Client has reviewed Activated Visuals’s work and grants full editorial and production control to Activated Visuals for all aspects of the Event’s production and post-production.
While Activated Visuals will record all requested aspects to the best of their abilities, no specific section of the Event is guaranteed to appear in the final production. Activated Visuals will also coordinate with other vendors to manage important aspects of the Event.
DELIVERABLES
The final production will be delivered via USB Flash Drive or Google Drive, unless otherwise specified by the Client, approximately 4 weeks after the Event. If there are any errors, the Client must notify Activated Visuals within 7 days of delivery for corrections, which will be made at no charge (e.g., spelling or technical errors). After 7 days, Activated Visuals is not liable for any changes. Additional re-editing requested after this period will incur a fee of $100 per hour, with a minimum charge of 2 hours, and will require an additional 2 weeks for completion.
STUDIO LIABILITY AND GUARANTEES
In the unlikely event that a problem arises due to unforeseen circumstances, and Activated Visuals is unable to provide any video, all monies paid will be refunded. In a situation where an emergency arises (extreme sickness for example) and Activated Visuals is unable to perform the services, the Client will be notified immediately and Activated Visuals reserve the right to appoint another Videographer to cover the Event on our behalf. However, if Clients disagree with the appointment of another Videographer, all money paid will be refunded to the Client.
