Wedding Agreement

Artistic Media Recording & Editing Service Agreement

Definitions

 

For the remainder of this agreement, please allow the following definitions to prevail:

1. “High Definition” will be defined as a minimum of 1080i.
2. “The Event” will be defined as the subject for which Tower Studios is contracted to provide artistic representation via photo, video, and/or audio.
3. “Tower Studios” will refer to the company Tower Studios, LLC.
4. “The Client” will be defined as the client specified in the “Client Name” field of the “Client Information” section in this agreement. If the Client is a business entity, it is understood that the business is represented to Tower Studios by the signor of this agreement.

 

Objective

 

Tower Studios seeks to provide artistic photo, video, and/or audio capturing/editing services of the Event for the Client, as outlined in this agreement.

 

Agreement

 

By entering into this agreement, it is understood by both the Client and Tower Studios that this agreement overrides all other correspondence between Tower Studios and the Client, either verbal, written, or email, unless an amendment is made to this agreement and signed by both parties.

 

Artistic Discretion

 

Tower Studios provides artistic representations of events captured via photo, video, and/or audio.  By entering into this agreement, the Client understands and agrees that Tower Studios will provide an artistic representation of the Event within this agreement, and that Tower Studios holds sole and final artistic discretion and authority of the photo/video/audio representation of the Event within this agreement.  Elements included under Tower Studios artistic authority include, but are not limited to: lighting, color, video length, photo/video texture, photo/video resolution, photo/video filters, and music.  The Client agrees that Tower Studios assumes no liability for artistic disputes.

 

Solitary Employer Instruction

 

Tower Studios assumes that the Client is the main point of contact for consultation matters involving the Client’s artistic taste and photo/video/audio coverage preferences.  The Client may designate additional entities to consult with Tower Studios in the manner of the Client’s tastes and preferences.  However, all consultations of tastes and preferences, regardless of Client or appointee, are subordinate to the Artistic Discretion section of this agreement, and do not remove Tower Studios as the final artistic authority.

 

Team Member Presence & Member Requests

 

Tower Studios Team Members will attempt to capture photo, video, and/or audio from angles and positions that Tower Studios best sees fit.  Tower Studios Team Members may position themselves and Tower Studios equipment in locations and situations to achieve adequate coverage of the event.  Therefore, Tower Studios assumes no liability in the situation where a Tower Studios Team Member or Tower Studios equipment impedes the enjoyment or functionality of an event patron, guest, vendor, or host.

 

Tower Studios reserves the right to provide up to five team members in order to capture photo, video, and/audio at the event.

 

For the minimum number of Tower Studios team members present, please refer to Amendment A, the “Deal Sheet”.

 

Tower Studios possesses a team of photo and video professionals, and as such, Tower Studios reserves the right to assign any Tower Studios team member to capture photo, video, and/or audio for the event.

 

The Client agrees that Tower Studios has not expressed any promise or guarantee for a specific Tower Studios Team Member to be present during the photo/video/audio production, unless specifically stated in Amendment A.

 

Booking an Event

 

Tower Studios will consider the Event “booked” upon the successful Client payment of a $200 deposit, and Tower Studios possession of a completed Tower Studios Service Agreement for the Client’s Event.

 

Event Information

 

The Client assumes responsibility for providing Tower Studios with information for the Event (including, but not limited to, locations, times, and schedules) no less than 14 days prior to the Event date.  Tower Studios assumes no liability for lack of photo/video/audio coverage if event information has not been provided.

 

The Client assumes responsibility of providing Tower Studios with information about the Event, including, but not limited to:

 

• Start Time
• All Event Addresses
• Client Artistic Style Choices (Including Music)
• Emergency Contact

 

Tower Studios will provide the Client with a Worksheet and/or consultation to gather this information.

 

The Client agrees to provide the Event information to Tower Studios no less than 14 days prior to the Event.

 

Tower Studios will make a best effort to contact the Client to retrieve information about the Event, but in the situation where Tower Studios is unable to reach and/or collect information about the Event, Tower Studios holds no liability for photo/video/audio recording lost due to inaccurate and/or missing information.

 

The Client agrees that Tower Studios holds no liability for photo/video/audio not captured if Event information is received less than 14 days prior to the Event.

 

The Client agrees to provide Tower Studios will all artistic style choices prior to the Event, including:

 

• Music Preferences
• Shot Choices
• Filming Style
• Other Artistic Styling Choices

 

Artistic style choices received by Tower Studios after the Event, but less than 8 days after the Event, can be made with a $25 fee.

 

Artistic style choices received by Tower Studios greater than 7 days after the Event, but less than 15 days after the Event can be made with a $75 fee.

 

Artistic style choices received by Tower Studios 14 days (or more) after the Event will be made at Tower Studios’ discretion, and will be quoted on a case by case basis.

 

Short Notice Booking Event Information & Payment

 

In the situation where the Client books their Event less than 14 days prior to the wedding, the Client agrees to provide full Event information and full balance payment in the same business day as the Event booking.

 

Tower Studios may cancel this agreement if the Client books less than 14 days prior to the Event, and does not provide full Event information and full balance payment.

 

Final Payment

 

The Client agrees to complete full payment of the event balance due Tower Studios a minimum of 14 days prior to the event date.  Lack of full payment less than 7 days prior to the event grants Tower Studios the right to cancel this agreement without refund.

 

Food and Meal Breaks

 

The Client reserves the right to provide food to Tower Studios Team Members at the Event.  However, if food is not provided to Tower Studios Team Members by the Client, Tower Studios Team Members reserve the right to leave the event for a 30 minute break  every 6 hours to obtain food.  Tower Studios is not liable for lack of coverage during any Tower Studios Team Member meal break.

 

Due to Tower Studios artistic authority and foresight of editing practices, Tower Studios reserves the right to leave the event once the Tower Studios Team Members feel that sufficient photo/video/audio media has been captured.

 

Non-Omniscience/Omnipresence/Omnipotence

 

The Client agrees that regardless of the size of the team Tower Studios employs to capture the stated event through photo, video, and/or audio, it is not physically possible for Tower Studios to be everywhere at once and/or be conscious of all events transpiring. Therefore, situations may arise where certain events that transpire are not recorded to photo, video, and/or audio.  The Client agrees that this possibility of loss of footage due to lack of omniscience/omnipresence also includes limitations of equipment, including (but not limited to) microphone sensitivity, lens angles, etc.  Tower Studios will make a best effort to capture key events, but assumes no liability for loss of photo, video, and/or audio coverage during the photo/video production session.

 

Conditions may arise where Tower Studios Team Members attempt to capture events through photo, video, and/or audio, but are impeded by forces outside of their control.  Such situations include, but are not limited to, event patrons/guests/vendors/site-personnel blocking camera/audio equipment, site limitations, and/or site coordinator/director imposed limitations, etc.  Tower Studios assumes no liability for loss of photo, video, and/or audio coverage due to reasons specified in this section.

 

Live Coverage Consideration

 

The Client understands that live event coverage does not allow for “retakes” and “re-staging” of specific actions, events, and occurrences. Therefore, the Client understands that Tower Studios’ first priority will be to capture the event taking place, and as such, adjustments/modifications to equipment will be a secondary objective. Due to this priority structure, the camera may move during filming or experience variations in lighting/audio conditions. These situations include, but are not limited to, the following:

• Camera movement
• Camera/Operator Audio/Noise
• Lighting Variations (esp. outdoors/sunset)

Tower Studios will make every effort to reduce these afore mentioned items, either during filming or during the post production process, however, the Client agrees that live events are unpredictable, and certain items mentioned above may be present in the final production.

 

Force Majeure

 

Tower Studios assumes no liability for events or effects that can be neither anticipated nor controlled, including, but not limited to, acts of nature (such as rain, tornadoes, blizzards, earthquakes, illness, etc.), as well as acts of mankind (such as car accidents, fights, strikes, riots, etc.).  Tower Studios assumes no liability for any disruption to the film or editing process that may be caused by afore mentioned events/effects.

 

If the situation arrises where a force majeure prevents Tower Studios Team Members from providing ANY services to the Client, Tower Studios will issue a full refund of the package price purchased by the Client to the Client.

 

Hostile Filming Locations & Conditions

 

Tower Studios seeks to protect Tower Studios Team Members from harm, abuse, and/or harassment.  If the situation arises where a Tower Studios Team Member is subject to a hostile filming environment, either created by location or human factors, it is within the Tower Studios Team Member’s authority to cease all photo, video, and/or audio capturing and remove his/herself from the hostile situation.  Tower Studios assumes no liability for photo, video, and/or audio coverage lost due to the Team Member’s absence.

 

Tower Studios will attempt to work in conjunction with personnel responsible for the location and environment where photo, video, and/or audio coverage takes place.  If the personnel/representative of the location/environment is unreachable or unwilling/unable to provide requested photo, video, and/or audio capturing conditions, Tower Studios assumes no liability for loss in quality or coverage of photo, video, and/or audio capturing.

 

Media Copyrights

 

Upon full payment of services rendered, Tower Studios grants limited media rights to the Client, determined as follows:

1. Client may reproduce, in digital or printed form, approved edited media from Tower Studios.
2. Client may display and share approved edited media from Tower Studios.

Tower Studios retains the right to reproduce, sell, and share media captured and/or edited from the event for any purpose.

 

Photo/Video Release

 

By entering into this agreement, the Client hereby agrees and acknowledges that photo/video/audio capturing devices are to be used at the event.  The Client agrees that Tower Studios has the Client’s permission to capture the Client on photo/video/audio media, edit the captured media, reproduce the captured/edited media, share the captured/edited media, and sell the captured/edited media for profit.

 

Due to Tower Studio’s lack of control over the event proceedings and attendance, Tower Studios assumes no liability for obtaining photo/video releases for patrons, vendors, hosts, or guests at the event, and the Client agrees to inherit this responsibility.

 

Unedited Capture Media

 

The nature of this agreement is for Tower Studios to provide an artistic representation of the event specified in this agreement.  Tower Studios does not claim or agree to provide a real-time, “minute by minute” / “surveillance camera”, account of the Event, or any sub-event of the Event specified in this agreement.

 

Tower Studios may provide a copy of the unedited media captured at the Event for an additional charge.  The Client agrees to limited media rights of the unedited event media, due to possible damages to Tower Studio’s artistic image from the release of unedited event media.  The Client’s limited unedited media rights include:

1. Private viewings of the unedited media with family and friends.

 

The Client is not authorized to distribute the unedited media in any digital/electronic format.  The Client is not authorized to reproduce the unedited media.  Tower Studios reserves the right to mark the unedited media in a manner that designates to viewers that the media is unedited.

 

Tower Studios will maintain unedited footage of the event for 30 days following the edited media postmark date. Tower Studios will maintain edited footage and a disc image of the Event for 60 days following the edited media postmark date.

 

Editing

 

The Client agrees to allow Tower Studios 60 days to produce the edited media from the event.  Tower Studios reserves the right to extend this period.

 

Cancelation

 

The Client reserves the right to cancel this agreement at any point in time.

 

If the Client cancels this agreement less than 60 days prior to the Event date, the Client agrees to forfeit the deposit paid to Tower Studios.  If the Client cancels this agreement less than 14 days prior to the Event date, the Client agrees to forfeit all payments made to Tower Studios.

 

To cancel this agreement, the Client must present Tower Studios with a dated and signed written cancelation notification.  By canceling this agreement, the Client agrees that Tower Studios assumes no liability greater than the purchase price of the Tower Studios service cancelled by the Client.

 

Tower Studios reserves the right to cancel this agreement at any point in time.  If Tower Studios cancels this agreement for any reason other than reasons stated within this contract, the Client agrees that Tower Studios is liable for a maximum of a refund of payments made by the Client to Tower Studios for any services not rendered. To cancel this agreement, Tower Studios must submit a dated and signed written cancelation notification to the Client.

 

If a refund is to be issued from Tower Studios to the Client, Tower Studios has a maximum of 14 days from receipt of the Client’s refund notification to postmark the refund.

 

Limited Liability

 

The Client hereby agrees that Tower Studios is not responsible for any damage or loss greater than the package price of this agreement, excluding physical and/or property damage.  The Client agrees that Tower Studios is not liable for emotional distress experienced by parties involved in and/or associated with the Event, either during the Event or following.

 

30-Day Edited Media Warranty

 

Tower Studios agrees to provide a 30 day edited media warranty from the edited media postmark date.  Tower Studios agrees to correct issues involved with the edited media that falls within the warranty coverage.  The 30 day edited media warranty is limited to the following:

1. Media DVD will not play in any DVD player.
2. Media files are corrupt and will not be recognized by any device.
3. Case & disc label spelling/date errors.

 

In a situation where Tower Studios is unable to correct an item listed under the 30 day edited media warranty, Tower Studios will refund the purchase price of the Tower Studios service for the Event.  Tower Studios assumes no additional liability beyond the purchase price of the Tower Studios service for the Event.