Terms and Conditions
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Terms and Conditions

EXCLUSIVITY

Hearts in Motion Films shall be the only videography service provider retained by the Client for the project/event identified. Family and friends of Client shall be permitted to capture/video the event, for non-commercial purposes, provided that such person or persons do not interfere with the team’s duties. If, in the opinion of the assigned videographer, such person or persons are inhibiting the videographer from performing his or her duties, Client shall require the person interfering with the videographer to stop all further interference.

 

VIDEOGRAPHER

Hearts in Motion Films shall assign a videographer from its staff exclusively for Client’s Project/Event. If necessary, additional assistants to such videographer shall attend the Event. Hearts in Motion Films reserves the right to change any initial assignment and substitute another staff at any time due to illness or due to the length of time required to shoot the Project/Event. Client also agrees to provide the team and any assistants with a meal during the Project/Event.

 

ILLNESS AND UNEXPECTED EVENTS

Hearts in Motion Films will not be liable to Client under any circumstances if its performance is prevented or impaired due to walk-outs, riots, fire, acts of God, including shortages or unavailability of labor or materials which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of Hearts in Motion Films.

 

LIQUIDATED DAMAGES

 

    • Client and Hearts in Motion Films recognize it is extremely difficult and impractical to ascertain the extent of Client’s actual damage in the Project/Event of a breach on the part of Hearts in Motion Films. Therefore, the parties agree that in the event of any breach arising from the negligence or other unintentional conduct of Hearts in Motion Films, including, without limitation, any damage to or loss of any footage or photographs, Client shall be entitled to the following:
        • IN THE EVENT OF DAMAGE TO OR LOSS OF ANY FOOTAGE: A percentage reduction in the price of the package, based upon the number of actual files which has been damaged or lost. Client would then receive the final product, containing the footage from the Project/Event, which was not lost or damaged.
        • The parties agree that client shall provide any storage device of at least 500 GB to store the raw files on the day after the event.

 

 

NON-REFUNDABLE RESERVATION FEES

A blocking fee is due upon the signing of this Agreement. Once the Agreement is signed and the deposit is paid, Hearts in Motion Films shall reserve the time and date agreed upon for the Project/Event and will not make other reservations that will conflict with the Project/Event. For this reason, all blocking fees and down payments are NON-REFUNDABLE.

 

PAYMENT SCHEDULE

The payment schedule will be as follows:

Blocking Fee / Downpayment – 50% of the Total Package Rate

Final Balance: Shall be paid 7 days before the event OR on the day of the event.

 

COMPLETION OF FINAL PRODUCT:

The entire editing process of the full version or cinematic highlights, from the time of scheduling to receipt of the final product takes 4-6 months, at which time Client will receive the final product of the Project/Event

 

PUBLICITY RIGHTS/PROMOTIONAL USE:

The parties agree that Hearts in Motion Films MAY or MAY NOT use footages from Client’s Project/Event for commercial use, including, without limitation, promotional photos/videos for exhibition to other potential clients of Hearts in Motion Films even without the Client’s permission.

 

CREATIVE CLAUSE

It is understood that Hearts in Motion Films is the exclusive official videographer retained by the Client to cover this Project/Event. Hearts in Motion Films is granted full editorial, production and content control by the Client regarding all aspects of the production and post-production services.