THIS AGREEMENT CONSTITUTES A BINDING CONTRACT FOR VIDEOGRAPHY SERVICES AND/OR RELATED PRODUCTS. BY ACCEPTING THIS AGREEMENT THE CONTRACTING PARTY AGREES TO PAY ATL VIDEOGRAPHY FOR THE SERVICES AND/OR RELATED PRODUCTS AS PROVIDED BY ATL VIDEOGRAPHY AT THE PRICE SET FORTH BY THIS AGREEMENT. IN THE FOLLOWING CONDITIONS OF CONTRACT “ATL VIDEOGRAPHY” SHALL MEAN ATL VIDEOGRAPHY OR ANY VIDEOGRAPHERS APPOINTED BY ATL VIDEOGRAPHY.
THE FOLLOWING TERMS AND CONDITIONS ALSO APPLY:
1. NON-REFUNDABLE RESERVATION FEE: ONCE THE AGREEMENT IS SIGNED AND THE DEPOSIT ABOVE IS PAID, ATL VIDEOGRAPHY SHALL RESERVE THE DATE AND TIME AGREED UPON FOR THE EVENT AND WILL NOT MAKE ANY OTHER RESERVATIONS THAT WILL CONFLICT WITH YOUR EVENT. FOR THIS REASON ALL DEPOSITS ARE NON-REFUNDABLE, EVEN IF THE DATE IS CHANGED, OR EVENT IS CANCELLED FOR ANY REASON.
2. DESIRED FOOTAGE: THE CONTRACTING PARTY WILL NOTIFY ATL VIDEOGRAPHY OF THEIR DESIRED FOOTAGE IN ADVANCE. WHILE EVERY EFFORT WILL BE MADE TO ACCOMMODATE THE CONTRACTING PARTIES’ DESIRED LIST OF FOOTAGE AND CREATE THE BEST VIDEO POSSIBLE, NO PARTICULAR FOOTAGE IS GUARANTEED.
3. ARTISTIC STYLE: THE CONTRACTING PARTY ACKNOWLEDGES THAT IT IS FAMILIAR WITH ATL VIDEOGRAPHY’S PORTFOLIO AND IS REQUESTING SERVICES WITH KNOWLEDGE OF ATL VIDEOGRAPHY’S STYLE; THAT SERVICES ARE OF A UNIQUE AND ARTISTIC NATURE; THAT VIDEOS MAY BE DIFFERENT FROM VIDEOS PREVIOUSLY MADE BY ATL VIDEOGRAPHY AND THAT IN CREATING THE VIDEO ATL VIDEOGRAPHY SHALL USE THEIR PERSONAL ARTISTIC JUDGEMENT TO CREATE A VIDEO CONSISTENT WITH THEIR PERSONAL VISION OF THE EVENT WHICH MAY BE DIFFERENT FROM THE CONTRACTING PARTY’S AND/OR SUBJECTS VISION OF THE EVENT. ACCORDINGLY, THE CONTRACTING PARTY ACKNOWLEDGES THAT THE VIDEO SHALL NOT BE SUBJECT TO REJECTION BASED ON THE BASIS OF TASTE OR AESTHETIC CRITERIA.
4. COPYRIGHT, LICENSE TO USE: IT IS UNDERSTOOD THAT ATL VIDEOGRAPHY OWNS THE COPYRIGHT TO ALL OF THE VIDEO TAKEN BY ATL VIDEOGRAPHY. WE RESERVE THE RIGHT TO USE ALL VIDEO FOR DISPLAY, PUBLICATION, ADVERTISING OR OTHER PURPOSES. UPON RECEIPT OF FINAL PAYMENT, THE CONTRACTING PARTY IS GRANTED A NON-EXCLUSIVE UNLIMITED LICENSE TO USE THE DIGITAL IMAGES, CD/DVD, AND/OR VIDEOS FOR THEIR OWN NON-COMMERCIAL PURPOSES, SUCH AS VIEWING, EMAILING, EXCHANGING WITH FRIENDS AND RELATIVES, OR DISPLAYING ON THE INTERNET.
5. LIMITATION OF LIABILITY: ALTHOUGH GREAT CARE WILL BE TAKEN WITH THE NEGATIVES AND/OR DIGITAL FILES TAKEN AT YOUR EVENT, THIS AGREEMENT LIMITS THE ENTIRE LIABILITY FOR ANY CLAIM, LOSS, INJURY OR FAILURE TO DELIVER TO THE RETURN OF ANY FEES PAID BY THE CONTRACTING PARTY UNDER THIS AGREEMENT. IN THE EVENT OF PERSONAL ILLNESS OR OTHER CIRCUMSTANCES BEYOND THE CONTROL OF ATL VIDEOGRAPHY, AN ATTEMPT WILL BE MADE TO PROCURE THE SERVICES OF ANOTHER PROFESSIONAL VIDEOGRAPHER TO FULFILL THE OBLIGATIONS OF ATL VIDEOGRAPHY. IN THE UNLIKELY EVENT THAT ANOTHER VIDEOGRAPHER CANNOT FULFILL THE OBLIGATIONS OF ATL VIDEOGRAPHY THEN ATL VIDEOGRAPHY IS NOT RESPONSIBLE OR LIABLE FOR ANY OTHER DAMAGES BEYOND THE AMOUNT OF THIS AGREEMENT.
6. COMPLETION OF FINAL PRODUCT: ATL VIDEOGRAPHY WILL ATTEMPT TO DELIVER YOUR VIDEO/DVD(S) WITHIN 52 WEEKS OF YOUR EVENT. HOWEVER, THIS TIME IS DEPENDENT ON THE CONTRACTING PARTY’S RESPONSE TO ANY E-MAIL’S OR PHONE CALLS MADE TO CONTACT THEM. IF MUSIC SELECTION AND ANY OTHER REQUESTS BY ATL VIDEOGRAPHY IS NOT COMPLETED BY THE CLIENT AFTER A DURATION OF 12 WEEKS FOLLOWING INITIAL WRITTEN REQUEST, CLIENTS WEDDING DVD SHALL BE SUBJECT TO AN ADDITIONAL FEE OF €100 PRIOR TO ISSUE.
7. STORAGE OF COMPLETED FILES: ATL VIDEOGRAPHY WILL STORE YOUR COMPLETED VIDEO ON THEIR SERVER FOR 12 WEEKS FOLLOWING DELIVERY OF YOUR VIDEO DVD OR ON-LINE DOWNLOAD, WHICHEVER IS LATEST. YOU MAY PURCHASE AN ADDITIONAL DVD OR ON-LINE DOWNLOAD OF YOUR COMPLETED VIDEO FOR €100 AT ANY TIME DURING THIS PERIOD. FOLLOWING THIS TIME ALL FILES RELATING TO YOUR EVENT WILL BE DELETED PERMANENTLY FROM OUR SERVERS. FOR THIS REASON WE STRONGLY RECOMMEND THAT YOU MAKE A PERSONAL BACKUP OF YOUR DIGITAL FILES UPON RECEIPT
8. PAYMENTS & PAYMENT SCHEDULE: With all packages, a deposit outlined above is due at the signing of this agreement and the remainder to be paid by the day of the wedding. SHOULD ANY CHEQUES FAIL TO CLEAR THE ACCOUNT AGAINST WHICH IT IS DRAWN, THE CONTRACTING PARTY SHALL PAY AN ADDITIONAL FEE OF €35.00. PLEASE SEND ANY PAYMENTS (CHEQUES MADE PAYABLE TO “AINDRÉAS LYNCH”) AND CORRESPONDENCE TO:
AINDREAS LYNCH, ATL VIDEOGRAPHY, 2 THE CLOSE, COLLEGEWOOD PARK, CLANE, CO KILDARE
BY ACCEPTING THIS AGREEMENT, ATL VIDEOGRAPHY AND THE CONTRACTING PARTY UNDERSTAND AND AGREE TO ALL THE TERMS AND CONDITIONS STATED.
When ATL Photobooth is also booked then the following terms & conditions also apply:
ATL PhotoBooth TERMS & CONDITIONS
This agreement constitutes a binding contract for PhotoBooth services and/or related products. By signing this agreement the contracting party agrees to pay ATL PhotoBooth for the services and/or related products as provided by ATL PhotoBooth at the price set forth by this agreement. IN THE FOLLOWING CONDITIONS OF CONTRACT “ATL PHOTOBOOTH” SHALL MEAN ATL PHOTOBOOTH OR ANY PHOTOBOOTH APPOINTED BY ATL PHOTOBOOTH.
The following terms and conditions also apply:
1. NON-REFUNDABLE RESERVATION FEE: Once the agreement is signed and the deposit above is paid, ATL PhotoBooth shall reserve the date and time agreed upon for the event and will not make any other reservations that will conflict with your event. For this reason all deposits are NON-REFUNDABLE, even if the date is changed, or event is cancelled for any reason.
2. COPYRIGHT, LICENSE TO USE: It is understood that ATL PhotoBooth owns the copyright to all of the photographs taken by ATL PhotoBooth. We reserve the right to use all photographs for display, publication, advertising or other purposes. Upon receipt of final payment, the contracting party is granted a non-exclusive unlimited license to use the digital images, CD/DVD, albums and/or prints for their own non-commercial purposes, such as printing, emailing, exchanging with friends and relatives, or displaying on the internet.
3. LIMITATION OF LIABILITY: Although great care will be taken with the negatives and/or digital images taken at your event, this agreement limits the entire liability for any claim, loss, injury or failure to deliver to the return of any fees paid by the contracting party under this agreement. In the unlikely event of personal illness or other circumstances beyond the control of ATL PhotoBooth, an attempt will be made to procure the services of another professional PhotoBooth operator to fulfill the obligations of ATL PhotoBooth. ATL PhotoBooth is not responsible or liable for any other damages beyond the amount of this agreement.
4. ACCESS, SPACE & POWER FOR PHOTO BOOTH: Client will arrange for an appropriate space for the PhotoBooth at event venue. The OPEN PhotoBooth requires a space 2m x 3m x 2.5m high. The CLOSED PhotoBooth requires a space 3m x 3m x 2.5m. Client is responsible for ensuring power is available for the Photo Booth. (220V, 13 amps, 3 pin outlet).
5. DAMAGE TO PROVIDER’S EQUIPMENT: Client acknowledges that it shall be responsible for any damage or loss to the Provider’s Equipment caused by: a) Any misuse of the Provider’s Equipment by Client or its guests, or b) Any theft or disaster (including but not limited to fire, flood or earthquake)
6. INDEMNIFICATION: Client agrees to, and understands the following: a) Client will indemnify provider against any and all liability related to Client’s Event during or after Client’s event. Client will indemnify Provider from the time of service and on into the future, against any liability associated with Client. b) Client will indemnify Provider against any and all liability associated with the use of pictures taken within the ATL PhotoBooth, its representatives, employees or affiliates at Client’s event.
7. STORAGE OF COMPLETED FILES: ATL PHOTOBOOTH WILL STORE YOUR COMPLETED PHOTOGRAPHS ON THEIR SERVER FOR 12 WEEKS FOLLOWING DELIVERY OF YOUR PHOTO CD/DVD OR ON-LINE DOWNLOAD, WHICHEVER IS LATEST. YOU MAY PURCHASE AN ADDITIONAL CD/DVD OR ON-LINE DOWNLOAD OF YOUR COMPLETED PHOTOGRAPHS FOR €100 AT ANY TIME DURING THIS PERIOD. FOLLOWING THIS TIME ALL FILES RELATING TO YOUR EVENT WILL BE DELETED PERMANENTLY FROM OUR SERVERS. FOR THIS REASON WE STRONGLY RECOMMEND THAT YOU MAKE A PERSONAL BACKUP OF YOUR DIGITAL FILES UPON RECEIPT
8. PAYMENTS & PAYMENT SCHEDULE: With all packages, a deposit outlined above is due at the signing of this agreement and the remainder to be paid by the day of the wedding. If the rental time period exceeds the service period agreed, the overage in rental time will be billed to the operator at the hourly rate of €100 per hour, billed in half-hour increments of €50. Payment for any overage in time must be paid before additional hours are provided. Should any cheques fail to clear the account against which it is drawn; the contracting party shall pay an additional fee of €35.00. Please send any payments (cheques made payable to “Aindreas Lynch”) and correspondence to:
Aindreas Lynch, ATL PhotoBooth, 2 The Close, Collegewood Park, Clane, Co Kildare
BY ACCEPTING THIS AGREEMENT, ATL PHOTOBOOTH AND THE CONTRACTING PARTY UNDERSTAND AND AGREE TO ALL THE TERMS AND CONDITIONS STATED.