Standard Terms of Engagement

 

1. Terms

 

These Standard Terms of Engagement (‘Terms’) apply to all services carried out by us, The Film Crew Ltd while trading as Wanaka Wedding Films, for you, the client.

 

We are entitled to change these Terms from time to time and post the amended Terms on our website www.wanakaweddingfilms.co.nz/legal.

 

2. Services and Bookings

 

The ‘services’ which we will provide to you are considered to be those which are outlined within the summary of each package as displayed on our website or as agreed.

 

A ‘booking’ is considered as being made once you have received a booking confirmation from us.

 

3. Produced Content vs Raw Content

 

The term ‘Produced Content’ in this agreement refers to the finished product/s that are delivered to you by us and are usually referred to as the final ‘Films’ (i.e. Highlights Film, Ceremony Film, Speeches Film etc.) or the final ‘Images’.

 

‘Raw Content’ refers to any and all content captured by us or our contractors during the undertaking of the services, including but not limited to; video files, still photographs and audio recordings. Raw content is generally considered as being raw files that have not been edited or had any post-production time applied to them.

 

4. Produced Content Rights

 

You will own the copyright to the Produced Content that we provide to you and we also grant you an open ended, non-exclusive, non-transferable license to use the Raw Content that is within the Produced Content, as it was delivered.

 

The below conditions apply unless otherwise agreed;

  1. you may not edit or alter the Produced Content in any way,

  2. you may not use the Produced Content to create further content,

  3. we retain the right to use the Produced Content for promotional purposes, and 

  4. the on-sale or transfer of the Produced Content to a third party by you, will not affect our rights to the content.

 

For the purposes of clarity, the above clause is agreed to by both parties as per section 21 (4) of the      Copyright Act 1994.

 

5. Raw Content Rights

 

We (The Film Crew Ltd trading as Wanaka Wedding Films) own and retain the rights to all of the Raw Content captured and we are free to use this content as we please, however we agree not on-sell any files, imagery or footage that include any of your unique identifiers to a third party.

 

If you would like to purchase the ownership rights to the Raw Content captured, we may agree to sell this to you. Sale of the rights would release any ownership/possession we have over the content and would pass this possession to you indefinitely. You would then be free to use the content at your discretion, including on-selling the content to a third party or using for future edits with other production companies should you wish to do so.

 

If this is something that you would like to consider, we strongly recommend this is discussed and quoted prior to the confirmation of the booking.

 

If you did choose to purchase the Raw Content, once paid for and transferred to you, we would erase this content from our system so the responsibility for safe keeping of the content would remain with you. We do not offer storage options for Raw Content that we do not own the rights to.

 

As an alternative, you may like to purchase a one-off license to use certain pieces of Raw Content that we have on file for future edits. We can discuss your requirements on a case by case basis, however, please note that unless storage arrangements are made, we may not keep all Raw Content indefinitely. 

 

For the purposes of clarity, the above clause is agreed to by both parties as per section 21 (4) of the Copyright Act 1994.

 

6. Our Fees

 

The fees which we will charge for the Produced Content, or how they will be arrived at, will be set out and agreed to prior to the confirmation of the booking.  

 

If the agreement is for a fixed fee, we will charge this for the agreed scope of our services. Work which falls outside of that scope will be charged on an hourly rate basis. We will advise you or your nominated person as soon as reasonably practicable if it becomes necessary for us to provide services outside of the agreed scope and will give you an estimate of the likely amount of any further costs.

 

If the agreement is for an on hourly rate basis, the hourly rates will be clearly communicated.

 

If the agreement is for an estimated fee, the final fee charged may be more or less than the amount of the estimate (although our estimates are as accurate as possible based on the information available to us at the time).

 

7. Payments and invoicing

 

All wedding bookings require a nonrefundable booking deposit of 30% to be paid to secure the specific date.  

 

A balance invoice will be provided prior to the booked date and will need to be paid before any filming will commence.  

 

All invoices are payable within 7 days of the date of the invoice unless alternative arrangements have been made with us before the commencement of the project.   

 

Our standard payment arrangement is where we invoice you and you make direct credit payment to our nominated bank account. If you require an alternative payment method, you are welcome to discuss this with us and we will accommodate your needs where possible.

 

 

8. Cancellations

 

Cancellation of confirmed bookings up to 30 days before the scheduled wedding date, will result in a cancellation fee of 30% of the balance of the total booking (usually covered by the booking deposit).

 

Cancellation of confirmed bookings between 30 days and 72 hours before the scheduled wedding date, will result in a cancellation fee of 50% of the total booking.

 

Cancellation of confirmed bookings less than 72 hours before the scheduled wedding date, will result in a cancellation fee of 100% of the total booking.

 

9. Postponements

 

Where a scheduled booking has been prevented from occurring on an originally booked day due to circumstances beyond our control, and a new date is booked (and therefore the booking is not cancelled), a postponement fee of 30% will be charged as well as any associated third party costs involved to change the booking. We recognise our obligation to minimise postponement liabilities and will apply accepted industry practices.

 

Circumstances beyond our control may include but are not limited to

  1. Weather conditions (adverse conditions that are not consistent with the prescribed conditions you desire).  

  2. Injury, illness, or absence of elements under your control.

  3. “Force majeure” (meaning but not limited to, earthquake, riot, fire, flood, volcanic eruption, acts of war, strikes, civil authority, terrorism, pandemics and ‘acts of God’).

  4. Client issued postponements.

 

If a non-refundable booking deposit has been taken, this will be used as the postponement          fee and a new booking deposit will be required to secure the new date.        

 

10. Third Parties and Contractors

 

Some bookings will require the involvement of third parties or additional contractors (i.e. specialist photographers etc.). We will endeavor to ensure you are aware of the costs and conditions for including any third parties, however, we will not be liable for any associated costs or cancellation fees.

 

If we introduce you to a third party or contractor during the provision of our services, any future bookings of the contractor must go through us unless we otherwise agree.  

 

11. Music Licensing

 

We may license music for the Produced Content on your behalf. Individual license terms will apply and can be provided at your request. Standard licenses are for non-exclusive use.

 

If you have chosen a ‘popular’ or ‘commercial’ track for your Produced Content you understand that you do not own a license to use this, and hereby agree that the Produced Content is for personal use only. You also acknowledge that if you post the Produce Content on social media it may be muted in some countries or have advertising added by the copyright holder for the chosen track on some platforms. 

 

12. File Download and Storage

 

At the completion of the booking we will provide you the Produced Content via Google Drive or similar share link which will give you access to download the files. This will be a temporary shared link, and you will need to download the Produced Content to a safe location within 30 calendar days.

 

If you would like us to store the Produced Content on your behalf, for safe keeping, or if you consider that you may like to license some of the Raw Content again for future projects and therefore would like us to ensure the storage of the Raw Content beyond the 30 calendar days, you can elect for us to do so for a fee per 1TB of data per year. You are required to let us know if you would like to take up this option.

 

We do not guarantee the storage of the Produced Content (the final Films) or the Raw Content unless the paid storage option is selected.