1. Videographer’s Responsibilities. Highland Love Stories  (“Videographer”) hereby agrees to perform video recording services for Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry (“Services”). Videographer may employ one or more assistants. Videographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. Videographer will make every effort to obtain, but cannot guarantee delivery of, any specific filming requested by client because of Videographer’s lack of control over the Event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.

If Videographer

is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at

the Event, Videographer reserves the right to take reasonable action to remedy

such a situation, including but not limited to leaving the Event. In such

event, Videographer shall not be obligated to refund any of the fees paid by

Client because of such action.

 

2. Deposit/Payment. A non-refundable payment (that

shall be applied toward the total fee for the Services and will be set out in

the Payment Schedule) is due upon execution of this agreement to book out the

date, at which time Videographer commits to being available to Client on that

date (subject to non-payment, reasonable emergencies and force majeure events,

see Section 11). Remaining payments of the balance due for the Services shall

be made as set out in the Payment Schedule. In the event that Client fails to

remit payment as specified, Videographer shall have the right to immediately

terminate this Agreement with no further obligation to refund money (including

the aforementioned retainer), to attend the Event or to supply filming.

 

3. Copyright. All film taken by Videographer

at the Event, in whatever form,are copyright protected. Videographer will

allow reproduction and publishing for personal use (eg. facebook, blogs), but

any sale or publication for profit without Videographer’s express written

permission is a violation of federal copyright law. Videographer retains

Copyright in all film taken at the Event. This clause shall survive the Term.

 

4. Term. The term of this Agreement shall commence

upon the execution of this Agreement, and shall terminate upon Videographer’s

delivery of the final, Client-approved Film layout (“Film”) to the Client,

unless terminated earlier as provided herein.

 

5. Event Changes. Videographer must be notified

immediately of any changes in schedule or location, at least 7 Days in advance

of the scheduled Event date. If Client notifies Videographer by phone, a

written (i.e. email)confirmation must be sent within 2 days of such

notification. If the date of the Event changes, and notice is not given the

period specified above,then Videographer shall be entitled to the retainer

amount as liquidated damages for having to reschedule the event. The retainer

amount will need to be repaid upon booking the new date, subject to Videographer’s

availability.

 

6. Cancellation. Upon acceptance of these terms

and payment of the retainer,Videographer shall commit to attending the Event on

the specified date, and shall make no other reservations for that date. If

Client cancels the Event entirely, then Videographer shall not be required to

repay any of the payments made by Client.

 

7. Delivery Date. The Film shall be delivered no

later than 180 Days from the date of the wedding subject to Client approval of

the music used.

 

8. Price Protection. Videographer warrants all

prices quoted for Event filming are valid for a period of 6 Months following

the Event. Orders placed after such period are subject to Videographer’s

published pricing at the time of the orders’ placement.

 

9. Model Release. Client hereby agrees that Videographer

may reproduce, publish,exhibit, and otherwise use filming from the Event for

instructional or marketing purposes without payment of any additional fee,

provided there is no specific identification of persons or events appearing in

the filming.

 

10. Force Majeure. If Videographer is unable to

attend Event due to fire, flood, casualty, strike, civil disturbance, war,

terrorism, Videographer’s sickness, or other acts of God beyond the parties’

control, then Videographer shall return all money paid by Client (including any

retainer), and this Agreement shall immediately terminate.

 

11. Jurisdiction. The state and courts serving the

UK shall have exclusive jurisdiction over disputes arising from this Agreement,

and both parties here to consent to the jurisdiction of such courts.

 

12. Solicitor’s Fees. The prevailing party in any

litigation or dispute involving this Agreement, or the Services performed there

under, shall be entitled to recover reasonable solicitors fees, costs, and

expenses arising from such litigation or dispute from non-prevailing party.

 

13. Assignment. This Agreement may not be

assigned.

 

14. Indemnification. Client hereby acknowledges that

Videographer may be limited by the guidelines or rules of the official

performing the ceremony or the venue, and to hold Videographer harmless for the

impact such restrictions may have on the final product.

 

15. LIMITATION OF LIABILITY. VIDEOGRAPHER’S

ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR

RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY CLIENT FOR THE

SERVICES. IN NO EVENT SHALL VIDEOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL,

CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF CLIENT INFORMS VIDEOGRAPHER OF

CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.

 

16. Event Meals. Client shall arrange with the

caterer for meals to be provided to Videographer and 1 assistant (if

applicable).

 

17. Choice of Law. This Agreement shall be

governed by the laws of the UK, notwithstanding its conflicts of laws

provisions.

 

18. Waiver/Miscellaneous. This Agreement

represents the complete and entire agreement of the parties with respect to the

subject matter herein, notwithstanding any oral or written representations to

the contrary made before, during,or after its execution. Any amendments to this

Agreement shall only be effective if made in writing that is executed by both

parties hereto.

 

19. Protection of Deliverables/Retention of Files. Videographer

shall take all reasonable steps to protect the filming that are recorded at the

Event until such time as the Film is delivered to Client. Once the Film has

been delivered, Videographer shall have no further obligation to preserve the filming

of the Event, regardless of the form of media in which they are stored.

 

20. Promotion. I/we hereby give permission for

Videographer to use my/our name/s and photographic likeness in all forms and

media for advertising, trade, promotional and any other lawful purposes such as

promotion and marketing.