The terms listed below shall be deemed as a contract between you (the Client) and Beth Cole Films (including person's working for or representing this business) and no variation or modification of this contract shall be effective, unless agreed by both parties in writing.
1. FILMING
Beth Cole Films will carry out all agreed filming services using professional filming equipment. A brief for filming services will be agreed upon at the time of commission. The Client understands and accepts that the film coverage will be as Beth Cole Films professional expertise determines. Special requests are not binding instructions although every effort will be made to comply with the Client’s wishes. Any failure by Beth Cole Films to deliver any specific footage shall not be a breach of this Agreement, and shall not result in a refund of any money paid. In most cases during the Event, the videographer will request to place a lapel microphone on a relevant person as the best method to clearly capture vows or other audio for the purposes of the video only. While best efforts will be made to capture audio, non-compliance to wearing the microphone may result in limited capturing of audio.
2. LIMIT OF LIABILITY
Beth Cole Films will notify the Client and endeavour to provide an alternate film crew with equivalent skills should the nominated videographer or photographer not be available for any cause beyond their reasonable control e.g. sudden illness including Covid-19, injury, victim of crime, etc. If a replacement videographer and/or photographer cannot be found, then liability is limited to a refund of any payments received.
Beth Cole Films has working methods in place to prevent loss or damage to your video. In the unlikely event that videos may be lost, stolen or destroyed for reasons within or beyond our control, Beth Cole Films shall not be liable for their performance of the assignment. It is agreed that liability of Beth Cole Films be limited to a refund of money paid under this agreement in full or part thereof according to the percentage of video supplied.
Beth Cole Films is not responsible for compromised coverage due to causes beyond their control including but not limited to obtrusive guests, lack of cooperation, lateness of the client or guests, weather conditions, civil disturbances, schedule complications, restrictions of the locations, backgrounds or lighting conditions.
Beth Cole Films is not responsible for transporting guests or the client/s.
3. EXCLUSIVITY
Beth Cole Films will be the sole official film crew. The Client acknowledges that the presence of other videographers may obstruct the approach of Beth Cole Films and impede the outcome.
4. SAFETY
Beth Cole Films reserves the right to terminate coverage and leave the location of the Event if Beth Cole Films experiences inappropriate, threatening or offensive behaviour from any persons at the Event, or if the safety of Beth Cole Films is in question. Any breakages to Beth Cole Films equipment via unauthorised handling by guests will be charged to The Client.
5. ADDITIONAL HOURS
Any additional hours on top of the agreed package requested by The Client on the day of the Event, will be billed at $300 per hour. Payment for additional hours requested on the day of filming is required within two calendar weeks of the Event.
6. MEALS
Where the videographer/s and/or photographer/s are on site for 8 or more hours, please provide one catered meal, we ask that a meal be provided for each member of Beth Cole Films.
7. CONFIRMATION
Payment of the booking fee/deposit are necessary to confirm the stated services from Beth Cole Films. The Client agrees that all details provided are correct and will confirm the details at least one week prior to the Event.
8. PAYMENT
A non-refundable booking fee/deposit of 20% of the total cost is required within one calendar week of submitting this agreement for confirmation of services of the Film Crew. Payment of the remaining full balance will be due three calendar weeks before the wedding day or as stated on the invoice.
9. DELIVERY OF COMPLETED VIDEOS
Beth Cole Films will make every effort to provide the Client with the final video collection within the agreed time frame, however the Client acknowledges that the production time may be extended due to greater than normal workload and exceptional circumstances. Beth Cole Films will advise the Client of any anticipated delay via email.
10. PERMISSION
Beth Cole Films is sometimes limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. In such circumstances The Client agrees to accept the technical limitations that may be imposed on the equipment used. The Client is responsible for obtaining the appropriate permits and permissions to enable filming to take place. Failure to obtain such permission may result in filming not being possible.
11. MODEL RELEASE
All Event guests and/or participants shall be deemed to have consented to the use of their image, or likeness, by The Client and Beth Cole Films. The Client agrees to defend and indemnify Beth Cole Films from and against any claims that any guests and/or participants may assert against Beth Cole Films arising from, or related to, the use of any name, image, or likeness of guests or participants by Beth Cole Films.
12. VIDEO USE
Beth Cole Films owns the Copyright of any video footage produced as a result of this agreement and reserves the right to use any video footage for display, advertising, promotion, competition and any other purpose. Beth Cole Films grants the Client permission to share the videos on social networking websites, with family and friends, and on vendor websites as long as the videos remain unaltered and textual credit is explicitly given to Beth Cole Films. Music selected for The Client’s film/s will always be licensed, unless The Client specifically requests music that is not able to be licensed. It is not advised that The Client shares or posts films that include copyright music on social media or vendor websites due to copyright restrictions. Beth Cole Films does not accept any liability arising from incorrect use of videos by The Client. The Client is permitted to make copies of the videos for personal use by the Clients and their friends and relatives. Sale, Publication or any Commercial use of the videos is not allowed without prior written permission of Beth Cole Films.
13. CANCELLATION
The Client may cancel this contract by giving written notice to Beth Cole Films. In the event of cancellation of services, the balance paid less the deposit will be reimbursed to The Client. The Client must immediately advise Beth Cole Films in writing of any changes including change of date/time, or cancellation of the Event.
14. DRONE
Beth Cole Films is obligated to operate a drone or UAV according to the laws governed by Australia’s Civil Aviation Safety Authority (CASA)
If Beth Cole Films is restricted by the venue or authorities governing the site or location, or unable to safely operate a drone/UAV during the Event, Beth Cole Films reserves the right not to do so even if the service has been paid for by The Client.
A drone or UAV:
i) can only be operated during the day and within visual line-of-sight.
ii) cannot be operated within 5.5km of the airport or controlled aerodromes.
iii) cannot be operated indoors, in confined spaces, in strong winds or wet conditions
iv) cannot be operated within 20m of people or exceed an altitude of 120m