Wedding Services Agreement
1. ENTIRE AGREEMENT: This agreement contains the entire understanding between S.P. FILMS (Sabrina Roskam) and THE CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to change or add to this agreement is to do so in writing.
2. RESERVATION: Upon your booking, S.P. FILMS (Sabrina Roskam) will reserve the time and date agreed upon, and will not make other reservations for that time and date. For this reason, a charge of $500 is to be paid if the date is changed for any reason; including acts of God, fire, strike and/or extreme weather. This amount is in addition to the non-refundable deposit.
3. CANCELLATION: In the event that THE CLIENT cancels the contracted services outlined in these Terms and Conditions within 9 months of the wedding day, the full package price selected by THE CLIENT in the booking is payable to S.P. FILMS (Sabrina Roskam) minus the non- refundable deposit.
4. PRE-EVENT CONSULTATION: The parties agree to a pre-wedding consultation before the wedding date in order to finalise the actual shooting times and locations. This will occur during a time that is agreed on prior to the date of the wedding. S.P. FILMS (Sabrina Roskam) will make contact with THE CLIENT 4 weeks prior to the wedding via email to organise this meeting.
5. EVENT GUIDE: THE CLIENT will be responsible for (or have someone designated for this responsibility) identifying people/objects of whom/which specific photographs are desired. The photographer will NOT be held accountable for not photographing desired people if there is no one to assist in identifying or gathering people for the photograph(s) throughout the wedding day and in particular the family portraits.
6. SHOOTING TIME / ADDITIONS: The photography and videography schedule and selected methodology are designed to accomplish the goals and wishes of THE CLIENT in a manner enjoyed by all parties involved. THE CLIENT and S.P. FILMS (Sabrina Roskam) agree that positive cooperation and punctuality are therefore essential. S.P. FILMS (Sabrina Roskam) requires 90 minutes duration for the Bride and 90 minutes duration for the Groom preparations and 60 minutes for each location after the ceremony for photography and/or videography to achieve quality consistent with samples on http://www.spfilms.com.au. S.P. FILMS (Sabrina Roskam) will depart from Bride’s location 45min before the Bride heads to ceremony to allow for setup time at the ceremony before Bride arrives. S.P. FILMS (Sabrina Roskam) will not make any guarantee if THE CLIENT requests less time for any portion of the wedding day. Should the ceremony start late due to any reason whatsoever, S.P. FILMS (Sabrina Roskam) will not be held liable for any photographs or videography not taken. THE CLIENT understands that ‘Full Day’ is considered 10 hours of coverage, and any additional coverage thereafter will be charged as per the rates listed on the website and contract.
7. HOUSE RULES: S.P. FILMS (Sabrina Roskam) is limited by the guidelines of the ceremony official or the reception site management. THE CLIENT agrees to accept the technical results of their imposition on the photographer and videographer. Negotiation with the officials for moderation of guidelines is THE CLIENT’S responsibility as well as organising permits for photography locations.
8. DIGITAL NEGATIVES, PRINTS and COPYRIGHTS: The photographs, digital negatives or prints produced by S.P. FILMS (Sabrina Roskam) are protected by Copyright Law (all rights reserved) and may not be reproduced in any manner without S.P. FILMS (Sabrina Roskam) explicit written permission. THE CLIENT has limited copyright ownership of the resulting images under the following conditions:
• The Digital Images, Digital Files and/or slides are the property of THE CLIENT for personal use and for the purposes of the reproduction and distribution of photographs to friends and relatives. • THE CLIENT must obtain written permission from, and compensate S.P. FILMS (Sabrina Roskam) prior to an event where THE CLIENT, THE CLIENT’S friends or relatives publish or sell the photographs for profit.
9. MODEL RELEASE: THE CLIENT hereby assigns and grants S.P. FILMS (Sabrina Roskam) and wedding suppliers used by THE CLIENT the irrevocable and unrestricted right to use and publish photographs and video of THE CLIENT or in which THE CLIENT may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. It is agreed that S.P. FILMS (Sabrina Roskam) may display and use the photographs or videography taken for advertising, display, website and internet promotion, photographic contests, public display such as in malls, photography books, photography instructional books, store fronts, window displays, studio display, television advertising, magazine advertising and any other purpose thought proper by S.P. FILMS (Sabrina Roskam).
10. COMPLETION SCHEDULE: The handover of the final assessed, colour corrected, properly exposed, edited images and video will occur within 12 weeks of the wedding day. An online gallery for photographs and videography will be handed over once the entire balance outstanding is paid to S.P. FILMS (Sabrina Roskam). The printing process should a wedding album, canvas print or wall frame be requested, can only start once S.P. FILMS (Sabrina Roskam) receives the order for the required images. Album designs take up to 4 weeks and once approved can take up to 6 weeks for delivery. Orders will only commence once full payment has been made in advance. S.P. FILMS (Sabrina Roskam) cannot express edit photographs for the purpose of ‘Thank You’ cards.
11. PAYMENTS: THE CLIENT agrees to pay the following non-refundable retainers and subsequent payments:
Small Elopement PACKAGES– 50% Non-Refundable Deposit (Upon Booking) 50% One Week Before Wedding Date.
Normal PACKAGES– 40% Non-Refundable Deposit (Upon Booking) 50% One Month Prior to Wedding Date 50% One Week Before Wedding Date.
12. METHOD OF REMUNERATION: Deposit must be made via transfer through our document we send through ‘statement of fees.’ Balance must be paid into our bank account.
13. LIMIT OF LIABILITY: In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative photographer/ videographer. S.P. FILMS (Sabrina Roskam) will make every effort to secure a replacement 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 for the event package. S.P. FILMS (Sabrina Roskam) takes the utmost care with respect to exposure, transportation and processing of photographs; including using professional grade equipment and backup equipment. However, in the unlikely event of THE CLIENT’S photographs or videography being lost, stolen or destroyed for reasons within or beyond S.P. FILMS’ (Sabrina Roskam’s) control, the latter’s liability is limited to the return of the 2nd and 3rd instalment payments received for the event package. The limit of liability shall not exceed the contract price stated herein. 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.
14. NON-GUARANTEE: Although every possible care will be taken to produce photographs and videography of all important and special events during the wedding, S.P. FILMS (Sabrina Roskam) cannot place an unconditional guarantee on the above as packages include one photographer and one videographer, which THE CLIENT acknowledges can create limitations to the final product. S.P. FILMS (Sabrina Roskam) will not be held responsible for any ruined photographs or videography due to guests’ (or any other) flashes; or any other ruined photographs or videography due to any other cause in or outside of S.P. FILMS’ (Sabrina Roskam’s) control. S.P. FILMS (Sabrina Roskam) allows for one photographer and one videographer in their packages, and uses a secondary videography camera during the ceremony, bridal waltz and speeches only as a back- up and not for creative purposes. THE CLIENT acknowledges that videography examples of the Highlight Videos and Ceremony Video can be found at http://www.spfilms.com.au. S.P. FILMS (Sabrina Roskam) will not create edits outside the scope of what has been represented to THE CLIENT. THE CLIENT has a choice to select songs for their wedding videography prior to the wedding day otherwise S.P. FILMS (Sabrina Roskam) reserves the right to select songs on the couples behalf – Any re-edits will incur a minimum $500 fee. S.P. FILMS (Sabrina Roskam) will not capture photography/videography footage of guests sitting at tables during the wedding ceremony and reception or guest reactions due to the limitations of the package. Videography does not capture English dance brackets in their entirety during the wedding reception.
15. SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.
16. AMENDMENTS: This contract has been freely negotiated and shall be recognised as the entirety of the agreement. Only those changes or modifications specifically placed in writing, attached, dated and signed by THE CLIENT and S.P. FILMS (Sabrina Roskam) at the time of acceptance of this contract shall be recognised as amendments to this contract.
17. PROFESSIONAL IMAGE MANIPULATION: S.P. FILMS (Sabrina Roskam) will allow for limited professional image manipulation (if technically possible) on all images prior to the handover. This includes red eye removal, colour correction, adjusting exposures and cropping. We do not remove blemishes, tan-lines, pimples, scars, tattoos, removal of people and/or objects, insertion of missing people and/or objects. It is understood that if a technicality prevents S.P. FILMS (Sabrina Roskam) from performing requested image manipulation, or if a technicality prevents the final result meeting THE CLIENT’S requirement, THE CLIENT will reside with the fact that S.P. FILMS (Sabrina Roskam) has performed to its best ability with regard to the specific task and that S.P. FILMS (Sabrina Roskam) has no further responsibility towards said image manipulation and no refund will be offered.
18. CHANGES TO VIDEO EDIT: S.P. FILMS (Sabrina Roskam) allows limited changes to the wedding videography within 2 weeks after handover. The changes are limited to technical errors only. S.P. FILMS (Sabrina Roskam) requests that songs be provided by THE CLIENT before the wedding day. S.P. FILMS (Sabrina Roskam) will select the songs if THE CLIENT has not provided the songs in writing before the wedding day. If THE CLIENT changes their mind on song selection after the edit has commenced or completed, then a minimum $500 re-edit fee will apply.
19. NON-PAYMENT OF BALANCE: S.P. FILMS (Sabrina Roskam) will charge THE CLIENT an additional $500 if the balance is not paid within 4 weeks of notification (includes notification to pay deposit and all installments within the payment plan set out). It is THE CLIENT’s responsibility to notify S.P. FILMS (Sabrina Roskam) if their contact details change. If after 8 weeks from the notification date payment has not been received, S.P. FILMS (Sabrina Roskam) will unfortunately be required to submit an application to VCAT for the outstanding balance to be paid.
Event Services Agreement
1. PHOTOGRAPHY QUOTES: The fees quoted by S.P. Films (Sabrina Roskam) are for the original job description as presented by the client (referred to from here on as ‘the client’). Any subsequent changes, whether made orally or in writing, may result in additional charges. The expenses are estimated in good faith. Actual expenses, which may be greater or less, will be invoiced. Quotes are valid for 30 days.
2. CANCELLATIONS AND POSTPONEMENTS: In the event of cancellation or postponement of the shoot by the client, the client shall pay all expenses incurred by S.P. Films (Sabrina Roskam) such as travel and pre-production expenses up to the time of cancellation. If a shoot is cancelled within 24 hours of the shoot date, the client shall also pay 50% of the videographer’s and photographer’s anticipated fee and 100% of the anticipated fees of any subcontractors booked for the job.
3. DEPOSITS: In order to hold a particular shoot date, clients may be required to pay a retainer of 40% of their total fee upfront. It shall be understood that by securing a shoot date, S.P. Films (Sabrina Roskam) will be turning away other potential bookings for that date. In the event where a client cancels their booking, this amount will not be refunded.
4. PAYMENT: Individuals and small businesses will pay 100% by the shoot date. Clients who are based overseas may be required to pay an up front deposit. Established companies based in Australia shall make payment within 10 days of the invoice. Late payments will be billed at $20.00/month handling fee and 1.5% month interest.
5. DAY RATE: A day rate is based on an 8 hour day (or less). Within this period there is a 40 minute meal break and a 10 minute break every 2 hours. A half day rate is based on 4 hours (or less), with a 10 minute break after 2 hours.
6. TURN AROUND TIME: Footage and Images from photography and videography assignments lasting less than half a day are generally ready for on-line delivery within 7 business days from the date of the shoot, this depends on how busy a current week/ month is. Full day shoots may take up to 14 business days.
7. RUSH SERVICE: A 20% surcharge may apply to urgent requests where images are required within 24 hours.
8. USAGE DEFINITIONS: “Publicity” use is when the client submits footage and/ or photographs to an outside publication (whether print or electronic) for editorial use and the client (or their client) is not paying for that use. “Advertising” use is when the client (or their client) is paying for the placement of a photograph in whatever media it appears, such as in a newspaper, magazine, billboard or website. “Internal Collateral” use is when the photographs appear in a publication that the client produces, such as a magazine, brochure, flyer, poster or website, and whose audience is limited to the client’s employees. “External Collateral” use is when the photographs appear in a publication the client produces, such as an annual report, magazine, brochure or website, and whose audience is customers, shareholders, or the general public.
9. ADDITIONAL USAGE: If the client wishes to use any footage or images not covered in the initial agreement, the client shall obtain permission from S.P. Films (Sabrina Roskam).
10. CLIENT APPROVAL: It is the responsibility of the client to ensure that an authorised representative is present during the videography and/ or photography for the client. If no authorised representative is present, the videographer’s and/ or photographer’s interpretation shall be accepted. S.P. Films (Sabrina Roskam) takes responsibility for ensuring that the footage and images supplied to the client are of a professional standard, delivered in reasonable time, and that the subject (if working with people) receives adequate on- camera direction.
S.P. Films (Sabrina Roskam) shall not take responsibility in the case where a client is not satisfied with the overall look of the footage and/ or images due to personal preference and style. This includes cases for example where the subject looks tired or over weight or if not everyone in group photos is smiling. Inexperienced and first time subjects will understand that working in front of the camera is a skill that is gained through experience. While professional on-camera direction will be given to the subject/ subjects S.P. Films (Sabrina Roskam) can not be held responsible if the subject/ subjects does not respond to that direction.
In one-on-one portrait sessions S.P. Films (Sabrina Roskam) may make suggestions to the client relating to hair, make up and wardrobe, but final responsibility will remain with the client. In the case where a subcontractor such as a hair & make up artist is supplied by S.P. Films (Sabrina Roskam), the client has the right to reject the services on the day of the shoot. No revocation shall be permitted on completion of the shoot should the client change their mind at a later date.
11. LICENSING AND COPYRIGHT: Generally, copyright of all images created by S.P. Films (Sabrina Roskam) will remain the property of S.P. Films (Sabrina Roskam) except in the case where a ‘buy out’ has been arranged. Footage and/ or Images supplied to the client are licensed for the client’s use based on the client’s requirements. The licence will typically detail the period of time for the use of the footage and/ or images and the media the footage and/or images can be used in. Occasionally there may be details regarding the territory the footage and/ or images can used in. In all cases, the licence will meet the client’s requirement as discussed prior to the provision of the quote.
Upon receipt of full payment the client will be licensed to use the footage and/ or images as detailed in the quote. The footage and/ or images are licensed to the client/s detailed in the quote. Editorial usage by third parties is permitted. Usage on a commercial basis by third parties will be negotiated with S.P. Films (Sabrina Roskam).
S.P. Films (Sabrina Roskam) reserves the right to use any footage and/ or images from a photography or videographer shoot as ‘samples of work’ or in a portfolio context across all digital and print mediums. In situations where the client can be identified in footage and/or a image, the footage and/ or image will not be sold on to third parties, photography and videography libraries or used for advertising unrelated goods and services without the clients permission.
12. FILE SIZE SPECIFICATIONS: Unless specifically requested beforehand, all images will be supplied to the client in JPG files with RGB Colour. Retouched files are supplied as JPG files in RGB colour. The client shall advise S.P. Films (Sabrina Roskam) before the shoot date if a different format other than JPG is to be supplied. Format changes may incur additional charges. Video Footage is supplied to the client in 1080p 60fps or in 4K.
13. FILE STORAGE: S.P. Films (Sabrina Roskam) does not provide file storage or take responsibility for loss or damage to files after they have been delivered to the client. On- line photo galleries used for delivering files to clients may be deleted after 30 days. It is therefore recommended that clients duplicate their files and store them across separate locations.