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Terms & Conditions
Introduction - The following constitutes the formal contract (the “Agreement”) of Fairholme Films (the “Production Company”). Please read the Agreement in its entirety and contact the Production Company if you have any questions or concerns about the Agreement. As used in the Agreement, all references to “you” or “your” or the “Client” refers to the signer of this Agreement. Checking the box above will serve as your electronic signature reflecting your assent to the terms and conditions of the Agreement. The Project or Service is what is provided by Fairholme Films to the Client. These conditions do not affect your statutory rights.
It is understood that Fairholme Films is the exclusive Production Company retained by the client to cover outlined project. Any conflicts with other video coverage contracts and any notifications necessary to avoid such conflicts are the sole responsibility of the client.
Payment - Client is required to pay 100% of the agreed quote, plus any additional costs incurred during the process of completing the project, upon the delivery of the first draft of the project, subject to net 30 terms.
Cancellation - If the Client cancels the order any monies paid to Fairholme Films will be refunded to the Client. This is refundable up until 7 days prior to the agreed filming date. The Client forfeits the monies paid if the booking is cancelled between 0-7 days before the filming date.
Creative - Every effort it made to ensure perfect colour and lighting but certain conditions such as low light conditions, shadows, flashing lights may effect this. We make every effort to produce the best image possible. Fairholme Films is not responsible for dark or grainy video resulting from inadequate lighting or electrical or mechanical malfunctions on location that are beyond our control. Fairholme Films reserves the right to use videos and photos for display and or promotional purposes. All video masters, raw footage and photographs remain the exclusive property of Fairholme Films.
Client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for Fairholme Films each location, public or private. Client assumes all responsibility for obtaining and retaining permission for access to any requested camera positions and is solely responsible for the quality of the final production resulting from the use of, or inability to use, such camera positions. The client warrants that he/she has the legal rights to anything Fairholme Films will produce, including photos, musical recordings, videotapes, or any other materials delivered to Fairholme Films for inclusion in the clients video.
Artistic Style. On its own behalf and on behalf of the subject: Client acknowledges that he/she is familiar with the Fairholme Films portfolio and is requesting services with knowledge of the company’s style and that Fairholme Films’s work is constantly evolving; that the Fairholme Films’s services are of a unique and artistic nature; that the video may be different from videos done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create videos consistent with our personal judgment and consistent with our vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, client acknowledges that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria.
Liability - If Fairholme Films fails to comply with the terms of this agreement due to any event beyond the control of Fairholme Films, including but not limited to illness, accident, labor disputes, acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, Fairholme Films’s liability is limited only to a refund of all monies received.
Copyright - Fairholme retains copyright in all their original material and may appear on YouTube, social media and Fairholmefilms.com. Fairholme Films keeps a copy of all Projects for 6 months after completion. After this, footage may be discarded.
Health & Safety - Fairholme Films & the Client will act in accordance with all relevant health and safety requirements during filming and delivery of the project(s) or service(s).
Traveling Expenses - The agreed quote will include travel expenses, however any further travel expenses resulting from any event beyond the control of Fairholme Films, including but not limited to heavy traffic, public transport disruption, accident, labor disputes, acts of God and other catastrophes will be added to the final invoice.
This is the entire agreement between Photographer and Client and supersedes all previous agreements. It cannot be altered without written consent of both Photographer and Client.
It is the responsibility of the Client to ensure all people featured in the videos are aware that filming is taking place and their likeness and voice may be recorded and included in final video footage that may be used for promotional purposes as mentioned above.