Terms and Conditions
White Villa Photography and Films Terms and Conditions
Terms and Conditions of booking (the “Booking”) between the Client (“You”, “Your”) and White Villa Films Limited (“We”, “Us”, “Our”)
(White Villa Photography & Films is a trading name of White Villa Films Limited)
1. Booking and Payment
a) As payment for the services provided under the Booking, You shall make payment to Us of an amount agreed between You and Us (the “Package Total”).
b) You shall make payment of the Package Total to Us no later than 14 days before the Wedding Date. Where the Wedding Date means the date specified within the Wedding Date field of the Booking Form (the “Wedding Date”). Some Clients prefer to pay the full balance immediately, whilst some prefer to leave it until the minimum amount of time nearest the wedding. This is entirely open to Client preference.
c) In order to reserve our services for your event You will make payment of a booking fee (the “Booking Fee”) which will be deducted from the Package Total.
d) The individual(s) in whose name the booking is made will be considered the Client, and shall be jointly and severally liable in respect of the booking and related costs. The amount payable by the Client(s) shall be confirmed in advance by Us in a Booking Confirmation. Where the total amount is yet to be decided (sometimes due to early booking and therefore uncertainty about how long the Client would like Us in attendance), the Client will ensure they have made this decision and informed Us in writing or by email at least 270 days prior to their wedding day.
e) Quotes/Estimates are based on current prices and guaranteed for 7 days from issue.
2. Cancellation & Amendments
a) We provide a statutory 14 day cooling-off period for the Booking beginning from the date the contract begins (the Date Of Booking on Your Booking Confirmation). Within this 14 day period you may cancel the contract and we will provide a full refund of any monies paid providing that the Wedding Date has not yet occurred.
b) Payment of the full balance must be made no later than 14 days before the Wedding Date; otherwise We may treat the Booking as having been cancelled by You. All dates shown within these Terms and Conditions are in calendar days (Monday to Sunday), not working week days (Monday to Friday).
c) You have the option to cancel or amend the Booking at any time by providing Us with written notice (“Written Notice”) in the following form:
i) Email notification to firstname.lastname@example.org
ii) Written notification to White Villa Films Limited, 16 Taylors Fields, Banwell, N. Somerset BS29 6AJ
d) The date of cancellation is the date that We receive Written Notice of cancellation from You
e) If after the statutory period set out in 2.a) We receive Written Notice to cancel the Booking pursuant to clause 2.c) You shall be liable for any reasonable losses and costs We suffer because of the cancellation in the form of a cancellation charge. The cancellation charge is a genuine estimate of Our loss of net profit as a result of the cancellation and is calculated based on the time scales set out here:
i) If We receive Your Written Notice to cancel the Booking 90 days or less prior to the Wedding Date, the cancellation charge is 31% of the Package Total
ii) If We receive Your Written Notice to cancel the Booking between 91 and 365 days prior to the Wedding Date, the cancellation charge is 28% of the Package Total
iii) If We receive Your Written Notice to cancel the Booking 366 days or more prior to the Wedding Date, You will pay Us 24% of the Package Total
f) Amendments and additions to your Booking will be charged according to the price appropriate to the date upon which it will be serviced and not according to a past or previous price. An amendment to Your Wedding Date will result in the Package Total being updated in line with the price for weddings falling within the new Wedding Date. All prices and charges are subject to change without prior notice and are at the discretion of Us. Our prices increase at least once annually in order to reflect inflation, investment in new technologies, rising cost of maintenance and to continue providing the high quality of service among other costs.
g) We may cancel any booking at any time prior to the wedding date. We may do so without stating a reason and shall refund any deposit or amounts paid but shall not be liable to pay any compensation to the Client in respect of any such cancellation.
3. Standard of Work
a) We make every effort to provide a high quality service. We provide You with the opportunity to take part in the creation of the film or photography with a pre wedding meeting. For photography bookings we also offer an optional pre wedding shoot. We also provide and welcome the opportunity to discuss your service at any time via phone, email or in person.
b) All equipment is checked and cleaned prior to the Wedding Date to ensure optimal operation and reduce the chance of technical problems.
c) You have 14 days from delivery of the USB/BluRay/DVD/CD/Album/Print/Digital Download (the “Product”) to advise Us of any fault with the Product. After this date, You agree that the Product has been accepted unconditionally by You. We deem the Product to be delivered 3 days after We have posted the Product to You (the “Delivery Date”).
d) We guarantee the Product against mechanical fault for 365 days from the Delivery Date.
e) You agree that all photographic/video coverage is at the photographer/videographer's professional discretion and no one image will be deemed more important than another. Whilst We make every effort to complete special requests, You agree that special requests are not binding instructions and will be completed at Our discretion.
f) You agree that the photographer(s)/videographer(s) have complete artistic license including but not limited to, the poses and locations used. You also agree that the photographer/videographer’s judgement shall be final in relation to, including but not limited to, the poses and locations used and the number of images taken. You agree that due to the vagaries of the weather and willingness of the subjects it may not be possible to capture all images requested.
g) You agree that the number of images taken is at Our discretion and no minimum number of images is guaranteed.
h) For a booking involving a church ceremony or at certain venues, photographing/filming parts or all of the ceremony may be restricted by such issues as architecture or the 'house rules' of the person in charge of the ceremony or venue. We cannot accept responsibility for any obstructed view or reduction in coverage or quality should this be the case. We strongly recommend that the Client
discuss their photography/videography wishes in advance with their chosen church or venue and gain written agreement of them.
4. Copyright and Ownership
a) You agree that it is Your responsibility to obtain any and all permits and consents required by the church, venue or any other location to allow us to provide the services.
b) We reserve all rights to the Product produced with the exception of certain dubbed music and recordings which You can license for a fee under a MCPS license and/or PPL license as required.
c) You shall not copy, reproduce or publicly show in whole or in part the completed Product unless written confirmation from us is given.
d) We grant You a royalty free personal use license which allows unlimited personal not for profit use of the Product as stated below:
Royalty Free License Agreement: White Villa Films Limited (the “Owner") of the copyrighted Photograph/Video/Image/USB/DVD/BluRay/CD/Album/Digital File being purchased (the “Product”) hereby grants You the non-exclusive, non-assignable, non-sublicensable, and perpetual rights to use, reproduce and distribute the copyrighted Product for personal non-profit purposes, and to incorporate the copyrighted Product, in whole or in part, into derivative works for non-profit distribution. You are prohibited from using the Product for any other purpose, including but not limited to: using or reproducing or distributing the Product and/or materials, incorporating all or any part of the Product for profit; selling or distributing electronic copies of the Product as stand-alone files or as part of a product from which a person is able to extract the Product as a stand-alone file; distributing the Product in or as part of an electronic template (e.g. as an image available in a word processing or web page creation application) intended to be reproduced by third parties on electronic or printed products; or using the Product as part of a trademark, service mark or logo. Owner retains all other rights in the Product and any derivative work, including without limitation, the right to use, copy, sell, license, and distribute copies of the Product in all markets and territories.
e) You agree that all negatives and digital files remain Our property
f) Images included in this contract are protected by the Copyright and Design Act 1988. It is contrary to the Act to copy any image created without the permission of the photographer in writing. All Clients shall be given permission to print, display and share the images for their own personal, unrestricted non-commercial use. It is the responsibility of The Client to ensure that any third parties (friends, family, guests and so on), with whom they might share images understand this 'non-commercial' usage.
g) Once the client has received the photographs, they may wish to share them online with family and friends. We warmly encourage this. However, in 2013 Facebook and Google have introduced a clause whereby they take legal possession of all images posted (unless they have a clear watermark) which they can then do what they wish with, including re-selling them. Because of this The Client agrees NOT to post any non-watermarked photographs online or to any website. To allow The Client to share the images online We will provide a copy of correctly sized, web optimised and watermarked images which CAN be shared online. It is The Clients responsibility to ensure they use the correct ‘watermarked’ images provided online and not the non-watermarked high-resolution files.
a) You agree to make arrangements with the wedding venue for hot food and refreshments to be available to Us on the Wedding Date.
b) We may use any material recorded on the Wedding Date for promotional purposes. If You do not want any material to be used for promotional purposes, You must notify Us prior to the Wedding Date.
c) We aim to complete the photographic Product within 12 weeks of the Wedding Date with the exception of printed products which take longer to produce and are determined by the timescales set by the manufacturers of these printed products. We aim to complete the videographic Product within 20 weeks of the Wedding Date. We reserve the right to extend this period during busy periods and will notify you under such circumstances with the expected completion timescale.
d) We archive all Products for 365 days. Providing We still have access to the Product, We will provide a copying service upon request for a fee.
e) We are a team of videographers and photographers working across several events at any one time. We reserve the right to substitute the specified photographer/videographer with another photographer/videographer at our discretion.
f) If You wish to make a complaint, You must notify Us within 28 days of the issue arising and You must do so no later than 28 days of receipt of the Product. We respect and respond to any complaint raised with Us and aim to resolve it fairly and as quickly as reasonably possible with You.
g) We reserve the right to terminate coverage and leave the location of the event if We experience inappropriate, threatening, hostile or offensive behaviour from person(s) at the event; or in the event that Our safety is in question.
h) White Villa Films Limited and You agree that cooperation and punctuality are essential to accomplish the goals and wishes of all parties. Shooting commences at the scheduled start time and ends at the scheduled end time. The Client must provide the scheduled timings of the day in written confirmation no later than 7 days prior to the Wedding Date. If You do not arrive at the appointed time for the event, shooting will commence at the scheduled start time and end at the scheduled end time. All additional time beyond the scheduled end time will be billed to You on a £150 per hour basis.
i) For all wedding events, the first 70 miles of travel are included. All miles in excess of this are charged at £0.60 per mile, or where appropriate, flight or rail or ferry costs. Additional lodging expenses may also be billed depending on distance in order to fulfil the booking with reasonable safety in mind.
j) We are limited by the rules and guidelines of the location(s) and site management. You agree to accept the technical results of their imposition on Us. Negotiation with the officials for moderation of guidelines is Your responsibility; We will offer technical recommendations only.
k) For packages that describe coverage until evening dancing/evening/first dance this means that we will capture your first dance and stay for approximately 3 songs immediately after the first dance in order to capture the essence of dancing and evening partying.
6. Exclusion of Liability
a) You and We agree that in any scenario the liability of either party shall not exceed the Package Total. You and We agree that We are not liable for indirect loss.
b) We shall not be responsible for any loss or damage to any property belonging to or brought onto the event premises by any person. Save as required by law, We are not responsible or liable for any injury or any other loss or claim whatsoever by or to any person or event, home or other premises.
c) We shall not be responsible for any loss due to mechanical breakdown, failure in electricity supply, flood, fire, Government restriction or force majeure which may cause the event premises to be temporarily closed or the event interrupted.
d) The Client shall indemnify Us, its agents and employees and assigns from and against all/any liabilities, losses, damage, claims and expenses (including but not limited to legal expenses) of any
nature relating to or arising out of any failure of the Client to perform or comply or procure compliance with the terms of the booking and its legal obligations generally.
7. Force Majeure
a) The due performance of the contract is subject to alteration or cancellation by Us owing to any cause beyond reasonable control (e.g. ill health/injury/victim of crime). In the event of cancellation by Us, Our liability shall be limited to a full refund of any fees paid.
b) We will not be responsible for loss of images due to technical failure, either at the shooting or post production stage. In the very unlikely event of total technical failure Our liability shall be limited to a full refund of any fees paid.
c) In the event of rain, snow or any form of weather disturbance, We will make the necessary changes to the session but will not be responsible for reduction in coverage due to adverse weather.
a) In the event of lockdown law preventing Your event from occurring on the Wedding Date we will offer a postponement to an alternate date and move Your deposit and monies paid to the new date. Alternatively, We will offer a refund of any monies paid after deducting any costs already incurred by Us (e.g. time spent by staff on Your Booking).
b) In the event of lockdown laws or government restrictions allowing Your event to occur but with significant limitation on what was originally agreed in the Booking (for example a restriction of no reception allowed) then We will offer and agree with You a pro rata price reduction of Your Package Total that fairly reflects the impact of the restrictions on Our services and suits the new requirements of your event. Alternatively, if You wish to postpone your Wedding Date then We will offer a postponement to an alternate date and move Your deposit and monies paid to the new date or We will offer a refund of any monies paid after deducting any costs already incurred by Us (e.g. time spent by staff on Your Booking).
c) If You wish to postpone your event and at the time You make this request there is limited or no restriction impacting Our ability to provide the agreed service in the Booking, then we will work with you to find a new date and the terms and conditions of amendments in section 2.f) will apply. If You wish to cancel the Booking then the terms and conditions of section 2.e) will apply.
a) Where We provide photographic still image files on disk or memory stick, the format of the files will be:
1. High Resolution JPEG (at 300dpi) sRGB colour profile with physical dimensions as close as possible to the native file dimensions at the discretion of Us. Suitable for printing / making albums. No watermark. High Resolution files are NOT to be used for web use or circulation online.
2. Low Resolution Duplicate copy as above and suitable for sharing / sending by email. But sized and optimized for best use when sharing / posting online. JPEG at (72dpi), with the longest side of each image typically 2048 pixels. With small watermark – which MUST remain shown when uploaded to the web. See ‘Online Use Of Images By The Client’, below.
b) Owing to photo chromatic anomalies caused by a combination of certain dyes and materials, especially in man-made fibres, it is sometimes impossible to record on camera the exact colour of materials as perceived by the human eye. When processing photographs and video, We will endeavour to achieve a pleasing overall colour balance, as well as applying creative finishes as deemed creatively necessary.
c) It is understood that some colours may not remain consistent throughout a set of photographs and video owing to variations in lighting conditions. It is also understood that all photographic printing is undertaken within the technical limitations of the process and that colour may not be identical over the whole range within a subject. The colour balance of photographic prints made at different times or in varying sizes may also be variable.
d) Due to the limitations of computer monitors and other screens it is understood that images may appear differently according to the specification of each monitor and that photographic prints will not match images rendered on any particular computer monitor.
e) We use only quality CDs, DVDs and USB memory sticks ensuring each is checked before dispatch, but it remains the responsibility of the Client to check digital media for in-transit damage and errors. We cannot be held responsible for damage to equipment resulting from defective media.
f) All file sizes, photographic prints, videos and presentation sizes quoted are approximate and subject to the discretion of Us.
g) We will retouch, digitally manipulate and finish according to our own discretion. Any subsequent retouching, digital manipulation or finishing which is requested by the Client may be subject to an extra charge at the discretion of Us. We do not carry out ‘beauty retouching’ or physically changing how clients look in their image files, though if required this can be carried out at additional cost (i.e. tattoo removal). Please ask for details if this is something you would like.
Links to Other Websites
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You may copy the content to individual third parties for their personal use, but only if You acknowledge the website as the source of the material
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