Terms & Conditions

Last updated: December 22nd 2023

1. Videographers' Responsibilities.("Videographer") hereby agrees to perform Videography services for the Client at the Event specified above in a professional, workmanlike manner according to the prevailing standards in the industry ("Services"). Videographers may employ one or more assistants. The Videographer is not responsible for the impact on the final product of any interference caused by guests or other vendors at the Event. The videographer will make every effort to obtain, but cannot guarantee delivery of, any specific images requested by the client because of the videographer's lack of control over the event, its participants, weather, and any rules or restrictions of the venue or official conducting the Event.

If the videographer is exposed to (i) unsafe conditions, or (ii) objectionable or illegal acts at the Event, the videographer reserves the right to take reasonable action to remedy such a situation, including but not limited to leaving the Event. In such an event, the videographer shall not be obligated to refund any of the fees paid by the Client because of such action.

The Wedding Tape shall assign videographers from its staff exclusively for the Client’s Event. If necessary, assistants to such videographers shall attend the Event. The Wedding Tape reserves the right to change any initial assignment and substitute another staff videographer at any time due to illness or date complications but only with consolidating with the client.

2. Deposit/Payment. A non-refundable deposit (that shall be applied toward the total fee for the Services and will be set out in the Payment Schedule) is due upon execution of this agreement, at which time the videographer commits to being available to the Client on that date (subject to non-payment, reasonable emergencies and force majeure events, see Section 11). Remaining payments of the balance due for the Services shall be made as set out in the Payment Schedule. If the Client fails to remit payment as specified, the videographer shall have the right to immediately terminate this Agreement with no further refund money (including the aforementioned retainer), attend the Event, or obligation to supply images.

3. Copyright. All videos taken by the videographer at the event, in whatever form, are copyright-protected. the videographer will allow reproduction and publishing for personal use (eg. wall hangings at home, Facebook, blogs), but any sale or publication for profit without Photographer’s express written permission is a violation of federal copyright law. Photographer retains copyright in all images taken at the Event. This clause shall survive the Term.

4. Term. The term of this Agreement shall commence upon the execution of this Agreement and shall terminate upon the Photographer’s delivery of the final, Client-approved album layout (“Album”) to the Client unless terminated earlier as provided herein.

5. Event Changes. The videographer must be notified immediately of any changes in schedule or location, at least 7 days in advance of the scheduled event date. If the Client notifies the videographer by phone, a written (i.e. email)confirmation must be sent within 2 days of such notification. If the date of the event changes and notice is not given within the period specified above, then the videographer shall be entitled to the retainer amount as liquidated damages for having to reschedule the event. The retainer amount will need to be repaid upon booking the new date, subject to the Photographer's availability.

6. Cancellation. Upon acceptance of these terms and payment of the retainer, the videographer shall commit to attending the event on the specified date and shall make no other reservations for that date. If the Client cancels the Event entirely, then the Photographer shall not be required to repay any of the payments made by the Client.

7. Delivery Date. The film shall be delivered no later than 90 days from the date of final Client approval.

8. Price Protection. The videographer warrants all prices quoted for Event images are valid for 6 months following the Event. Orders placed after such period are subject to the Photographer’s published pricing at the time of the order's placement.

9. Model Release. The client hereby agrees that the videographer may reproduce, publish, exhibit, and otherwise use images from the Event for instructional or marketing purposes without payment of any additional fee.

10. Force Majeure. If the videographer is unable to attend the Event due to fire, flood, casualty, strike, civil disturbance, war, terrorism, the videographer's sickness, or other acts of God beyond the parties’ control, then the videographer shall return all money paid by Client (including any retainer), and this Agreement shall immediately terminate. In the event of any unanticipated videographer illness, The Wedding Tape shall make reasonable efforts to substitute another competent professional. If another videographer cannot be assigned in time for the event, The Wedding Tape shall promptly return to Client all fees previously paid by Client, and shall then have no further liability concerning this Agreement. The Wedding Tape reserves the right to decline outdoor videotaping in the event of poor weather. The client is responsible for providing an alternate nearby location in the event of inclement weather.

11. Jurisdiction. The state and federal courts serving Western Australia, Australia shall have exclusive jurisdiction over disputes arising from this Agreement, and both parties hereto consent to the jurisdiction of such courts.

12. Solicitor’s Fees. The prevailing party in any litigation or dispute involving this Agreement, or the Services performed thereunder, shall be entitled to recover reasonable solicitors fees, costs, and expenses arising from such litigation or dispute from the non-prevailing party.

13. Assignment. This Agreement may not be assigned.

14. Indemnification. Client hereby acknowledges that Photographer may be limited by the guidelines or rules of the official performing the ceremony or the venue, and to hold Photographer harmless for the impact such restrictions may have on the final product.

15. LIMITATION OF LIABILITY. PHOTOGRAPHER’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR INJURY ARISING UNDER OR RELATING TO THIS AGREEMENT IS LIMITED TO THE FEES PAID BY THE CLIENT FOR THE SERVICES. IN NO EVENT SHALL THE VIDEOGRAPHER BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF THE CLIENT INFORMS THE VIDEOGRAPHER OF CIRCUMSTANCES THAT WOULD GIVE RISE TO SUCH DAMAGES.

16. Event Meals. The client shall arrange with the caterer for meals to be provided to the videographer and 1 assistant (if applicable). The meal should be served at the same time as the Bride and Groom to avoid them not being present for important moments while they are eating.

17. Choice of Law. This Agreement shall be governed by the laws of the State of Western Australia, notwithstanding its conflicts of laws provisions.

18. Waiver/Miscellaneous. This Agreement represents the complete and entire agreement of the parties concerning the subject matter herein, notwithstanding any oral or written representations to the contrary made before, during, or after its execution. Any amendments to this Agreement shall only be effective if made in writing that is executed by both parties hereto.

19. Protection of Deliverables/Retention of Files. The videographer shall take all reasonable steps to protect the images that are recorded at the Event until such time as the film is delivered to the Client. Once the film has been delivered, the videographer shall have no further obligation to preserve the images of the event, regardless of the form of media in which they are stored. Although we hold onto only the content that was used in the final cut for as long as we can, this is not guaranteed after you have received your USB package and film.

20. Promotion. I/we hereby give permission for the videographer to use my/our name/s and photographic likeness in all forms and media for advertising, trade, promotional and any other lawful purposes such as promotion and marketing.

21. Technical Capabilities. The client assumes all responsibilities for obtaining any necessary permission, clearance permits, etc., which may be required for the videographer for each event, public or private. The 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 the videographer will videotape, including photos, musical recordings, videotapes, or any other materials delivered to The Wedding Tape for inclusion in the client's video.

22. Creativity Clause. Artistic Style. On its own behalf and on behalf of the subject: The client acknowledges that he/she is familiar with the videographer's portfolio and is requesting services with knowledge of the company’s style and that the videographer's work is constantly evolving; that the videographer 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, the client acknowledges that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria. the videographer is hired to create their interpretation of your wedding day.

23. In the Event of Loss or Damaged Footage. Payment in the sum of a percentage of footage captured against the footage loss will be arranged. The return of such fees and payment of such damages shall be the sole and exclusive remedies available to the Client. Refunds are limited to monies paid to The Wedding Tape.

24. Covid-19. If for reasons outside of The Wedding Tape or the Client's control, it becomes impossible to hold your wedding on your chosen date we will move the secured date to any other date that The Wedding Tape is available without losing your deposit or any monies paid. If you choose not to hold your wedding on your secured date due to personal reasons (such as family abroad not making it due to travel restrictions) then that is treated as a cancellation of your choice and it's up to the discretion of The Wedding Tape whether they keep all monies paid and the secured date is lost.

25. Terminate Booking. Should the client terminate the contract at any point, change the contract details or have to change their wedding date and we are not able to change to that date as well, all money paid to The Wedding Tape will not be refunded.