Film Our Day - Terms of Service
To secure your wedding date, a non-refundable £200 (two hundred pounds) booking fee is to be paid when the client agrees to the wedding day package discussed. The amount will be deducted from the outstanding balance agreed via client communication and on the clients invoice. Deposits can be paid in cash, by cheque or via a bank transfer (bank transfer details will be listed on your invoice).
Following payment of the booking fee, the remaining balance is due to be paid 4 weeks before the wedding. Please note that a 10% late penalty charge will be added to the final balance for each week they are overdue.
I love to travel and will travel anywhere for a wedding. Travel expenses are included for all UK weddings. However please note that locations further than a 2 hour travel time will require either 1 (sometimes 2) night hotel stay and/or petrol costs which is an additional charge and if applicable will have been added to your total quote. This is to ensure I arrive on the day of your wedding fresh and full of energy rather than feeling tired from a 2 hour+ journey and to avoid any risk of travel delays on the morning of the wedding. A safe comfortable air b&b will suffice to keep costs to a minimum. Locations further than a 2 hour travel time may also require a 1-2 night stay. Travel costs, if applicable, will be added to your final balance invoice.
Please make yourself aware of my privacy statement found HERE
Terms of booking
I understand that the terms of this agreement cannot be changed unless agreed by both parties in writing.
Film Our Day main office hours of business are Monday-Friday 10am-5pm with the addition of weekends throughout the year for Weddings.
Terms & Conditions
1.1. By agreeing to use the services of Film Our Day (James Smith), the client will also be agreeing to all the terms and conditions as outlined in this document.
1.2. These are the terms and conditions on which I (meaning the wedding videographer James Smith) will supply wedding videography / photography services to you (meaning those persons listed as “the clients” on the booking form).
1.3. These terms and conditions cannot be varied in any way by you unless such conditions are expressly agreed between us in writing. We may revise these terms and conditions from time to time and, if we do so, we will give you at least one month’s written notice before they take effect.
2. Wedding day services
2.1. We will supply the Wedding Day Services, meaning wedding videography / photography services including, issuing directions to guests and filming, to you on your wedding day.
2.2. Filming during the course of the event will be at our discretion, including the poses and locations used, although every effort will be made to comply with your requests and requirements.
2.3. We will endeavour to capture all individuals requested by you during the wedding day, but no responsibility will be taken by us on the occasion of failing to film any individual(s).
2.5. Although all equipment is checked regularly and reasonable steps are taken to ensure backup equipment is available, we will not be responsible for videos/photos that are not produced due to technical failure.
2.5. The latest we will work to on any UK wedding day is 9pm (10pm with the addition of the Video Booth) unless agreement to work later has been made in writing prior to the wedding. Extra time is charged at a rate of £150ph past 9pm for one videographer or £200ph for two videographers. For destination weddings with ceremonies starting from 5pm, the latest we will work to is 11pm. Extra time is charged at a rate of £150ph for one videographer or £200ph for two videographer.
2.6 Extra hours cannot always be guaranteed if requested last minute or on the day of the wedding.
2.7 We are the only authorised and official videographers and/or photographers for your wedding day. Film Our Day (James Smith) shall not be held accountable for activity of another professional videographer or photographer or enthusiastic hobbyist or amateur that will endanger the quality of the final product. During the ceremony, it is requested that only hired professionals will have permanent access to areas of proximity. We shall not be liable for ‘missed moments’ due to distractions or obstructions caused by this activity.
2.8. Any directions issued to you, your guests or employees during filming are deemed to be at said person’s own risk and we cannot be held responsible for any personal accident during filming.
2.9 Film Our Day (James Smith) shall not be held accountable for any unforeseen delays in the order(s), colour balance problems with digital files or images due to improper or inadequate lighting at the event site that is beyond the control of the videographer, grainy video files which are usually caused by inadequate lighting or having to film in available or mixed lighting at high ISO settings when adequate or no extra lighting is allowed or prohibited, or missed shots.
2.10 If the videographer/photographer cannot perform this contract due to fire or other casualty, theft, strike, denial of admission onto property, denial to allow videography / photography by owner/manager at location, inadequate set up space, inadequate electrical service, equipment failure, lighting or colour balance problems, act of God, or other causes beyond the control of the parties, or due to videographer’s / photographer’s illness or emergency, then the videographer/photographer shall have no further liability with respect to the Contract. This limitation on liability shall also apply in the event that filming materials are damaged in processing, lost through camera or computer malfunction, lost in the mail, lost due to memory card malfunction, corrupt digital files or otherwise lost or damaged without fault on the part of the videographer/photographer. Although all care will be taken with the digital media and films taken at the event, the client agrees that the videographer limits any liability for loss, damage, or failure to deliver films, for any reason, to no more than the return of all payments made to Film Our Day (James Smith).
2.11 If the videographer/photographer cannot perform this contract due to emergency or illness, a suitable replacement of a similar style will be arranged by the videographer/photographer of this contract.
2.12 Due to the vagaries of the weather and the willingness of the subject/s it may not be possible to capture all the details requested by the client. Film Our Day (James Smith) with the co-operation of the client will do their best to produce coverage of the wedding in the time allocated to them.
2.13 We endeavour to capture every moment of the day that naturally unfolds before us. We shall not be held accountable for any ‘missed moments’ or ‘missed shots’ due to delays, weather, insufficient time or ‘moment’ not occurring. Our style is natural and unobtrusive, making for lovely footage that capture the day as it unfolds with minimal posing.
2.14 We record audio for the ceremony and speeches only, if you wish for audio to be captured at any other time during the day, we must be given advance notice and will not be held accountable for missed audio recording.
2.15 We aim to record the best quality audio possible using lapel mics for the groom to wear during the ceremony, if the groom does not wish to wear a lapel mic we will try our best to find an alternative, however the same quality of audio can not be guaranteed.
2.16 We capture audio from a directional microphone and a speaker clip on recorder during the speeches for best results. However we will not be held responsible for poor quality audio out of our control (eg, speaker feedback, loud talking near the recorder, weather noise).
2.17 We must be given advance notice of pre-planned ‘moments’, activities or tiny details (eg, surprise singing waiters, personalised cufflinks) that you want filming prior to your wedding day to ensure we are fully prepared. We will not be held accountable for missing these planned ‘moments’ or details without proper instruction. We will also not be accountable for missing planned ‘moments’ as listed under Clause 2: 2.6, 2.8, 2.9, 2.11 & 2.12.
3. Video Booth services
3.1 The Video Booth is a free addition to our Wedding Day Services, and if it’s unable to operate as listed under Clause 3: 3.2, 3.3, 3.4, 3.5, 3.6, 3.7 then no refund or partial refund will be given.
3.1 We aim to setup the Video Booth during the wedding breakfast, as traditionally we do not film during this part of the day. If however we are unable to do so, time will be taken out of filming during the day to setup the Video Booth.
3.1 The Video Booth will be operational for approx 1 hour and 30 minutes directly after the first dance, or until 10pm whichever is earlier. If you wish for the Video Booth to be open after this the cost is £100 per hour.
3.2. As part of the consultation we ask for a specific location to setup the Video Booth. If on the day the location is unavailable, we will try our best to re-position the Video Booth, however if no space is appropriate (eg, not enough room, close to loud music, hazardous) then we will not be held accountable and the Video Booth will not be set up.
3.3 We ask for the Video Booth to be set up away from live music, speakers, noisy bar areas etc as the noise interferes with the audio captured in the Video Booth. We will clean up the audio in post-production but this is not always possible, Film Our Day (James Smith) will not be held responsible for bad quality audio due to the placement of the Video Booth.
3.4 Film Our Day (James Smith) will politely encourage guests to leave a message in the Video Booth, however not all guests wish to leave a message and therefore we can’t guarantee you will receive the desired amount of messages, and Film Our Day (James Smith) can not be help accountable.
3.5 If on the day the space provided does not work with our standard Video Booth setup, we may alter its appearance to work with the space so it can still be operational.
3.6 Electrical power outlets are needed to operate the Video Booth, we have extension cables, but it’s the responsibility of the clients to provide a space near a power outlet, if no power outlet is supplied the Video Booth will not be able to operate.
3.7 The Video Booth is for indoor use only.
4. Post-wedding services
4.1. We will supply the Post Wedding Services, meaning the finished edited video and any other videos agreed upon to you, within 8 weeks after the wedding date.
4.2. Wedding DVD’s and other physical material can either be collected by you or posted to you via courier at an extra cost.
4.3. In the unlikely event that there is any defect with the Post-Wedding Services or the videos, please contact us and tell us as soon as reasonably possible and please give us a reasonable opportunity to fix any defect. We will use every effort to repair or fix the defect as soon as reasonably practicable and, in any event, within 28 days.
4.4 Copies of finished videos will be stored on hard drives for up to two years after the event. After the second-year anniversary of the services provided, Film Our Day (James Smith) reserves the right to dispose of any digital files as they see fit.
4.5 All digital files presented to the client are professionally edited. Raw un-edited files are not available for download or purchase, unless agreed previously.
4.6 The final digital files presented/given to the client have been carefully selected; these are the best videos from the day. Not all videos taken on the day make the final edit as many end up being duplicates or not up to the business standard. These files are not given to the client, and are not available to purchase.
4.7 We video/photograph a wedding ‘as is’. It is not our responsibility, nor will we, unnaturally alter or change the look of your day in the post processing service. This includes removing obstructive or aesthetically displeasing scenes or objects in the background of videos, for example, piles of clothes and boxes in the corner of a room where hair and make-up is being filmed. We do our upmost to observe unattractive surroundings on the day and re-position objects or ourselves where possible. However, certain situations cannot be staged or held up due to this, and we cannot be held accountable for such situations/objects appearing in the background of videos.
5. Creative style and direction
5.1. On its own behalf, and on behalf of the subject: Client acknowledges that it is familiar with the Videographer’s portfolio and is requesting Services with knowledge of the Videographer’s style; that Videographer’s work is constantly evolving; that Videographer’s services are of unique and artistic nature; that the videos may be different from videos taken by the Videographer in the past; and that in creating the videos, the Videographer shall use his personal artistic judgement to create videos consistent with his personal vision of the Event, which vision may be different from the Client’s 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.
5.2 Unless otherwise agreed, the client agrees that Film Our Day (James Smith) decisions on creativity within the product(s) or service(s). Film Our Day (James Smith) shall be granted artistic licence in relation to the poses filmed and the locations used. Creative aspects such as shooting and editing style are at the discretion of Film Our Day (James Smith) and will meet to the high quality as demonstrated at the outset.
6.1. We will own the copyright, design right and all other intellectual property rights of any videos taken at your wedding under the Copyright, Designs and Patents Act 1988.
6.2. Film Our Day (James Smith) reserves the right to use videos for portfolio, blog and magazine features, advertising, display or any purpose thought proper by Film Our Day (James Smith).
6.3 The videos provided to you are licensed to the client for personal purposes only, including but not limited to: printing, copying, emailing, social media sharing. This licence does not include use that results in financial gain, including but not limited to: advertising, stock videography, sale profits, or resale of any nature.
6.4 The videos are fully edited. The client may not under any circumstances alter, edit or change videos which includes but is not limited to video editing apps and filters such as Instagram. The client may crop their videos(s) for their own usage.
6.5 There are no warranties, express or implied. The video(s) are provided ‘as is’.
6.7 The final videos delivered to the client are for personal use only. These videos must not be shared with suppliers from the wedding day as they will not have copyright permission to use them. Film Our Day (James Smith) will liaise directly with suppliers regarding the final wedding videos.
7. Travel & Hot Meals
7.1 Travel is included for all UK weddings. However please note that locations further than a 2 hour travel time will require 1-2 nights hotel stay which is an additional charge and if applicable will have been added to your total quote.
7.2 A hot meal is to be provided to the videographer(s) of Film Our Day (James Smith) if contracted for over 5 hours.
7.3 Weddings outside of the UK, travel expenses and hotel stays will be charged on top of the normal wedding fee.
8. Terms of Payment
8.1. The total price of the Wedding Day Services and the Post-Wedding Services together will be as agreed in writing between us. These prices will include travel expenses.
8.2. We will ask you to make a minimum deposit of £200 of the total price when confirming your booking with us. This deposit is non refundable and will be deducted from the total price when calculating the remaining balance.
8.3. Payment of the remaining balance of the total price will be due 1 month before the wedding date. If you fail to pay the remaining balance of the total price 1 month before the wedding date, we may cancel the contract between us with immediate effect.
8.4 Unforeseen and unplanned costs on the wedding day may be invoiced to the client after the wedding and payment will need to be received before videos can be delivered to the client. For example, additional parking charges that the videographer was not advised of at the time of booking.
9. Information required from the client
9.1. We will need certain information from you that is necessary for us to provide the services, for example the date and location of your wedding and details of any particular groups of guests you would like filmed. We will meet/call you to discuss your requirements and ask that you confirm in writing all necessary information.
9.2. If you do not, after being asked by us, provide us with this information within a reasonable period, or you provide us with incomplete or incorrect information, we may suspend the services by giving you written notice. We will not be liable for any delay or non-performance where you have not provided this information to us after we have asked.
10. Events outside our control
10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an Event Outside Our Control, meaning any act or event beyond our reasonable control, including strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, government restrictions, epidemic or other natural disaster, or failure of public or private telecommunications networks.
10.2 Other events outside of our control are also listed under Clause 2; 2.8 2.9 2.10 & 2.11.
10.3. If an Event Outside Our Control takes place that affects the performance of our obligations under these terms:
a) We will contact you as soon as reasonably possible to notify you; and
b) Our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control will affect our performance of Wedding Day Services, we will endeavour to put you in touch with another suitable videographer as soon as reasonably possible.
c) We will work with you to arrange an alternative date, at no extra cost. However, we cannot guarantee we will be available for your new date, and our services will be cancelled
d) If your wedding is postponed we ask for 50% of your remaining balance to be paid by the original invoice date, and the remaining 50% to be paid 4 weeks before your new wedding date.
10.4. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Wedding Day Services to you. Please see your cancellation rights under Clause 11.
11. Cancellation – your rights
11.1. All deposits are non refundable if a booking is cancelled.
11.2. If you cancel your booking with us up to 3 months before the wedding date, and if you have paid the remaining balance of the total price before this date, we will return these funds to you.*
11.3. If you cancel your booking with us less than 3 months before the wedding date, 50% of the total price will be payable to us. If you have paid the remaining balance of the total price before this date, we will return these funds to you (50%)*.
11.4. If you cancel your booking with us less than 1 month before the wedding date, 100% of the total price will be payable to us. If you have paid the remaining balance of the total price before this date, we will not return these funds to you.
11.5. However, in the circumstances that an Event Outside Our Control occurs that affects the performance of our obligations under these terms, you are entitled to cancel your booking at any time and we will return any additional funds paid to us*.
*this does not include the deposit.
12. Cancellation – our rights
12.1. We may have to cancel an order for wedding videography / photography services due to an Event Outside Our Control in accordance with clause 10 or the unavailability of key personnel or key materials without which we cannot provide the services. We will promptly contact you if this happens.
12.2. If we have to cancel an order under clause 10 and you have made any payment in advance for services that have not been provided to you, we will refund these amounts to you.
11.3. We may cancel the order for services at any time with immediate effect by giving you written notice if:
a) you do not pay us when you are supposed to as set out in Clause 8.
b) you break the contract in any other material way and you do not correct or fix the situation within 10 days of us asking you to in writing.
13. Limitation of liability
13.1. We shall under no circumstances be liable to you for any indirect or consequential loss in connection with the services governed by these terms and conditions and our total liability in respect of all other losses shall in no circumstances exceed the total price paid in accordance with Clause 8.guarantee