RETAINER AND FINAL PAYMENT
A non-refundable retainer fee of 20% is required to hold the date of your event. No date is reserved until a retainer is received. The balance of the complete package price must be paid at the date specified. Final balance will be due one week before the event date or the day of, if confirmed by both parties. To make the day go smoothly, payment ahead of time works best. If final payment is not received as set forth herein, Boehlke Media reserves the right to withhold delivery of the footage and or not attend the video event until payment is received. Upon clients signature and payment of the retainer fee, Boehlke Media agrees to reserve the date and time specified. The retainer fee is applied towards the final contracted video package.
CANCELLATION
There shall be NO refund of the retainer after 48 hours from the signing of the agreement due to the reservation of the event date. If the event is canceled within two months of the date, the client shall pay the balance of the contract due to the high probability that Boehlke Meida will not be able to further book that date. Once a balance is paid, it is NON-REFUNDABLE. Any other arrangements shall be discussed between the client and all arrangements will be put in writing. Cancellation must be in writing even if a phone call was made to inform Boehlke Media of the cancellation. The retainer fee will be transferable up to 365 after cancellation. The client agrees to not expect a new date to automatically be available. The client will be given the chance to reschedule but cannot be pushed ahead of other reserved clients.
TIME OVERAGES
If more than the hour time allotment is requested by the client in advance, or on the day of the event, Boehlke Media will charge the following rate per hour $200. This amount will be added to the aforementioned service price. This hourly amount will be broken down by ½hour increments and rounded up.
CHANGE OF DATE OR VENUE
Boehlke Media must be notified immediately of any changes in schedule or location, at least one week before the scheduled date of the event. Notification of any changes can be made by phone or with written notice sent via email for documentation. It is the client’s responsibility to confirm all arrangements at least 7-10 days before the event. In the event of a change of address or contact information (time, etc.) as listed, you must notify Boehlke Media.
FAILURE TO PERFORM
Due to the limited and subjective nature of the event, Boehlke Media cannot be held responsible for requested footage not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the church or location restrictions. The videographer is not responsible for lost photo opportunities due to any kind of equipment malfunction, the lateness of the event couple, or other principles. The videographer is not responsible for the lack of coverage due to weather conditions, scheduling complications due to the lateness of individuals, rules, and restrictions of venue, or the rendering of decorations of the location. It is acknowledged that any lists submitted to Boehlke Media will be used for organizational purposes only and in no way represents videography that will actually be produced. Boehlke Media will do their best to fulfill all requests but can make no guarantees all footage will be delivered. Clients are responsible for all location fees and permits.
UNFORESEEN CIRCUMSTANCES CLAUSE
If Boehlke Media or its assigns, cannot perform this agreement due to a fire, casualty, strike or other civil disturbances, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the videographer illness, then Boehlke Media shall return any sums of money paid by the client, fewer expenses, but shall have no further liability with respect to the agreement. This limitation of liability shall also apply in the event that video materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of Boehlke Media.
EXPENSE REIMBURSEMENTS
The client agrees to reimburse Boehlke Media for all reasonable expenses relating directly to the event itself. For example, parking fees, destination travel fees, accommodations, etc. Boehlke Media will bill the client after the event. Both parties agree to discuss this thoroughly to avoid any surprises as to what will constitute an expense and Boehlke Media agrees to supply expense receipts if so requested.
GARMENTS
Boehlke Media cannot be held responsible for damage to garments during environmental events. The client is responsible to arrange personal assistance for event garments. Boehlke Meida will not put any parties in a situation (unless requested by the client) that will cause harm or damage to special garments. However, to achieve certain shots, the clients agree that will trust the discretion of Boehlke Media and assistants.
SUBSTITUTION
In the event of illness or sudden event out of the control of both parties, Boehlke Media will attempt to substitute a videographer at no cost to the client. This contract will be transferable to the said videographer.
PRODUCT DELIVERY:
The video will be delivered electronically via an online sharing platform 2-6 months after shoot date.
Video delivery dates vary on the time of year, length of video and project complexity. A rush edit can be purchased but capturing and telling a beautiful story through video, takes hours of footage sorting, editing, color correcting, sound editing, and more. Boehlke Media can give updates on the project's progress but we ask for patience, it will be worth it!
COPYRIGHTS
All videos created by Boehlke Media are copyright protected. It is a violation of federal copyright law to copy, scan, or allow videos created by Boehlke Media to be duplicated, digitally reproduced, copied, or altered digitally or otherwise, without Boehlke Media's express written permission. The client may share their personal video footage with the written consent of Boehlke Media only once in possession of the digital files, whether via Dropbox.com, jumpshare or DVD sold separately. The raw footage remains the sole property of Boehlke Media and will never be given or sold to a third party.
Boehlke Media agrees to grant these video rights to the client with a non-exclusive, limited, perpetual license.
This license allows the client to do the following with the images:
i) Display the footage;
ii) Create a DVD for personal use;
iii) Upload, email, or electronically transfer the video or files; and,
iv) Publish the video on personal websites or social media websites
This license will prohibit the client from doing the following:
Applying for copyright registration or selling of any image or electronic files supplied by Boehlke Media making 'derivative works' or otherwise modify, including editing and/or manipulating electronic files.
PROOFS
Boehlke Media, as a videographer and artist with whom Clients entrust videography to, retains the judgment to remove any image(s) from the video that it deems bad or irrelevant.
CREATIVE LICENSE
Footage may be edited at the videographer's discretion, and delivered files may not include all events shot. The videographer reserves the creative right to edit and release only those deemed professional in quality and within the videographer's artistic standards. By signing this contract, the client is aware of the style of videography that Boehlke Media produces.
STORAGE OF IMAGES
Due to the lack of information about how long CDs/DVD/USB can hold information, Boehlke Media recommends you back up your files on another media format other than CD/DVD/USB. Boehlke Meida also recommends making multiple copies of CDs/DVD/USB every year to insure the file for years to come. Boehlke Media cannot be held responsible for the failure of CDs/DVD/USBs due to mishandling. It is the client’s responsibility to keep several copies of any CDs/DVD/USBs in more than one location, and back the images up on another format such as a hard drive. This is the same for the use of Dropbox.com/Jumpshare. Once the images are in the hands of the client, it is the client’s responsibility to download and save the images. Backing up your video/files is very important. Files will be stored online for 30 days for client download. If your video has not been downloaded within this time frame, your video will be archived. Retrieving your video material from our archive will result in an additional $300 fee. This option is only available up to 1.5 years after video delivery.
MODEL RELEASE AGREEMENT
I understand that Boehlke Media will be videotaping for an internal or client-based program. As a participant and on the terms hereinafter stated, I hereby grant Boehlke Media permission to copyright and use photographs/videos in any manner or form for any purpose lawful at any time.
I waive any right that I may have to inspect or approve the finished product or written copy, that may be used in conjunction therewith, or the use to which it may be applied.
I release and discharge Boehlke Media from any liability by virtue of any distortion or alteration, intentional or otherwise, that may occur or be produced, in the making or editing of the photos and/or video. I agree to hold Boehlke Media harmless from any liability to others arising from the use by Boehlke Media of anything said or done during the shoot.
I understand that there will be no compensation for participating in photo/video shoot.
