TERMS & CONDITIONS

In the following conditions of contract “the videographer(s)” shall mean Richard Gayle or any associate trading as Specular Visuals or, subject to condition 4 below, any videographer appointed by Richard Gayle “The videographer(s)” shall also mean “the photographer(s)” and “images/photographs” shall also mean “videos” where video services have been agreed. “The Client(s)” shall be those whose name appears on the invoice.

 

1. Display: 

The client(s) hereby allow(s) Specular Visuals to display any images/photographs/videos covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, social media platforms, sample albums and prints, venue and other vendor samples, and other such material, providing that the images used are used lawfully and without damage to the client(s). Images placed in password protected galleries within the website are not available to the general public in the normal course of events. However, it is impossible to prevent determined persons from accessing these galleries.

 

2. License, Coverage and Reproduction:

a) The Photographer(s) and Videographer(s) shall be granted artistic license in relation to the poses photographed and the locations used. The photographer(s) and Videographer(s) judgment regarding the location, poses and number of photographs taken shall be deemed correct.

b) Photographs and or video taken during the event will be at the discretion of the photographer(s) although every effort will be made to comply with The Client(s) requirements.

c) The photographer(s) shall endeavour to photograph all individuals as requested by the client(s) at some point, but no responsibility will be taken by the photographer(s) when leaving somebody out.

d) For bookings at certain venues the photographer(s) and Videographer(s) movements are sometimes restricted by the official in charge. The area from which the photographer(s) and Videographer(s) can shoot may not be the photographer(s) and Videographer(s) choice and the photographer(s) cannot accept responsibility for any obstructed view should this be the case. The use of artificial lighting may be restricted or prohibited. The photographing of parts of the event may be restricted or prohibited. Client(s) are strongly advised to check with the appropriate official before agreeing to these terms and conditions.

e) The photographer(s) shall endeavour to capture all the moments throughout the day as they occur. However, because of the fluid nature of events, some moments might not be recorded, or not recorded for logistical reasons.

f) Creative aspects such as shooting, composition and editing style are at the discretion of Specular Visuals.

g) It is the client’s responsibility to secure access to areas for Photography/videography and Specular Visuals will not be responsible for coverage lost due to access restrictions.

h) The weather may affect some aspects of filming and photography.  For example, we may not be able to work outside due to rain.

 

3. Cancellations, rescheduling and non-refundable booking fees and deposits:

a) In the event of late or non-payment of the remaining balance all monies paid shall be retained by Specular Visuals to reflect the costs of the work already undertaken.

b) Specular Visuals is a video production company not only specialising in weddings but undertakes work within many other sectors. For this reason Specular Visuals shall reserve the date and time agreed upon, and not make any other reservations or accept any other clients for said date and time. For this reason, if the client cancels the agreement for any reason or the booking does not go ahead for any reason, all monies paid shall be retained by Specular Visuals to offset the loss of business. The booking fee is also non-refundable.

c) Rescheduled events will only be accommodated if the new date does not conflict with another booked event. Events can only be rescheduled within a 12 month period from the original booked date unless agreed otherwise with Specular Visuals. Rescheduled events may also be charged at any new equivalent package prices.

d) Any deposits and booking fees already paid can be used towards the new rescheduled bookings. Once a booking has been rescheduled a new agreement will be made. If the rescheduled booking does not go ahead for any reason all deposits carried forward from the previous booking will also be non-refundable for the same reasons as clause 3. b) Confirmation of rescheduled events should be made via email.

 

4. Force Majeure:

a) The due performance of the contract is subject to alteration or cancellation by Specular Visuals owing to any cause beyond their reasonable control which include but are not limited to (e.g. sudden illness/injury/victim of crime, bad weather, acts of god total photographic or video failure) Specular Visuals liability shall be limited to a full refund of any deposits and fees paid. minus the cost of work already undertaken.

b) Specular Visuals may contact other photographers in the event that they are not able to attend your booking due to clause 4a). However, it may prove difficult or impossible to find a skilled replacement photographer who can offer the full service at short notice or at the same price.

 

5. Liability for Digital Files and Products:

a) The negatives and digital files shall remain the property of Specular Visuals and shall be kept for not less than 2  months from completion and delivery.

b) Should negatives and digital files be lost, damaged or destroyed Specular Visuals liability shall be limited to a refund of fees paid, but shall not include a refund for any goods already supplied or capable of supply at a quality deemed acceptable by Specular Visuals . No refund will be due for any negatives or digital files lost, damaged, or destroyed after 5 months from the date of the event.

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6. Receipt of Goods:

a) Specular Visuals must be notified either by telephone or email within three working days of the client(s) being in receipt of their order in the case of error, shortage or damage as mistakes cannot be rectified after this period.

b) Due to the nature of the product the Specular Visuals are unable to give exchanges or refunds. This does not affect your statutory rights.

 

7. Privacy: 

Specular Visuals may store your data on a private internal database. This data will not be made available to outside companies or individuals. Should you wish to have your data removed from the database, please advise in writing and retain your confirmation.

 

8. Governing Law: 

Any contract made between Specular Visuals and the client(s) shall in all respects be governed by and construed in accordance with English Law and the parties hereto submit to jurisdiction of the English courts.

 

9. Insurance: 

The Client(s) are hereby advised to take out an insurance policy to cover any expenses in the event of cancellation.

 

10. A second photographer and assistants may attend large or complex events. You will be advised of this prior to the event.

 

11.Delivery:

a) Final completion of photographs and videos is quoted between 14-16 weeks.  On rare occasion due to creative aspects some additional weeks maybe needed.  

b) It is advised that the client backs up all of the files on the drives once received.

c) Video files are recorded in 4K and HD a computer with sufficient processing power will be needed for playback.

 

 

Richard Gayle trading as Specular Visuals holds a public liability insurance policy through PolicyBee, 14 Brightwell Barns, Waldringfield Road, Ipswich, Suffolk, IP10 0BJ., Tel 0345 222 5360 

 

Suite 316 Bradford Court Business Centre, 123-131 Bradford Street, B12 0NS

web: www.specularvisuals.co.uk email: richard@specularvisuals.co.uk tel: 07523272594