Slow Motion Booth
This contract secures the slow motion booth provided by Oak City Films for your event. Booking your date will take only a few minutes, so here’s what we need to do:
Bride’s Full Name (maiden):
Groom’s Full Name:
Event Date: Date of Event
Check Add-Ons Requested
We are required to collect a 6.75% NC Sales tax on the total price of services (addons+package).
This agreement (“Agreement”) constitutes a binding contract for specialized videography and editing services and/or products known as a “slow motion booth.” By signing this Agreement, the clients, identified above in “Step 1” and signed below (collectively referred to below as “Client”), individually and severally, agree to pay Oak City Films (collectively, the “Studio”) for the services and/or products provided by the Studio at the price set forth above in “Step 1.”
The following terms and conditions shall also apply to Client’s engagement of the Studio for the “Slow Motion Booth” services:
The Studio shall assign a booth operator from its staff exclusively for Client’s Event. If necessary, assistants to such videographer shall attend the Event. The Studio reserves the right to change any initial assignment and substitute another competent staff attendant at any time.
The Studio will not be liable to Client under any circumstances if its performance is prevented or impaired due to war (whether or not such is declared), invasion, insurrection, strikes, walk-outs, go slows, riots, fire, disorder, acts of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods)), the unavailability of labor or materials, laws or governmental restrictions which conflict with the terms of this Agreement, or any other matter beyond the reasonable control of the Studio.
In the event of attendant illness, death, or incapacity, the Studio shall make reasonable efforts to substitute another competent professional. If another booth attendant cannot be assigned in time for the Event, the Studio shall promptly return to Client all fees previously paid by Client, and shall then have no further liability with respect to this Agreement.
The Studio reserves the right to decline outdoor videotaping in the event of inclement weather or under any other conditions which may be reasonably anticipated to pose a hazard to staff, guests, or equipment. In such event, Client is responsible for providing a safe alternate location located within two (2) miles of the original site, and Studio reserves right to assess its suitability.
Client must provide a safe working environment and is responsible for any damage to equipment done by guests, invited or otherwise. Shelter must be provided from rain, extreme temperatures and humidity.
If in the opinion of the Studio a guest or hazard poses a threat or serious risk to any videographer or equipment associated with the Studio, the Studio has cause to request Client to either remove the guest or cease all further videotaping without refund of any monies.
In recognition of the relative risks and benefits of the Event to the Studio, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to fully indemnify and hold the Studio and its officers, directors, partners, employees, shareholders, owners, and subconsultants harmless for any and all claims, losses, costs, damages of any nature whatosever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees and costs. In any event, the total aggregate liability of the Studio and officers, directors, partners, employees, shareholders, owners and subconsultants, shall not exceed the total package price as selected and specified under “Step 1” above, or the Studio’s total fee for services rendered on the Project, whichever amount is greater.
It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract or equity.
In the unlikely event that a problem arises and the Studio is unable to provide any product, all monies paid will be refunded. The Studio is not responsible for loss of video or audio quality due to restrictions at event locations.
Limitations on liability, waivers and indemnities in this Agreement are understandings between the parties and shall apply to all legal theories of recovery, including breach of contract or warranty, breach of fiduciary duty, tort (including negligence), strict or statutory liability, or any other cause of action, provided that these limitations on liability, waivers and indemnities will not apply to any losses or damages that may be found by a trier of fact to have been caused by Oak City Film’s gross negligence or willful misconduct. In no event will Client will seek aggregate damages in excess of the contractually agreed-upon limitations, directly or indirectly, through suits against third parties who Client seeks to join as co- or third-party defendants.
In the event of any breach arising from the negligence or other unintentional conduct of the Studio, including, without limitation, any damage to, theft, or loss of any video footage captured, Client shall be entitled to the following: A percentage reduction in the price of the video package, based upon the estimated percentage of recorded video which was damaged, lost, or stolen.
A reservation deposit (retainer) of $350 is due upon the signing of this Agreement. Once the Agreement is signed and the deposit is paid the Studio shall reserve the time and date agreed upon for the Event and will not make other reservations that will conflict with the Event. For this reason all reservation fees are NON-REFUNDABLE. The date is not booked or reserved until the deposit is received by the Studio and this contract is not enforceable until deposit is paid.
All package hours are consecutive. Packages include “Set up” and “tear down” at the end of the night and that time does not count towards package hours. Inactive booth time can be purchased for $25 per hour. There is no credit for unused hours or unused items or credits in packages.
The total balance is due in full at least one calendar month prior to the Event.
Late payments are subject to a late fee of 10% of the total package price. Studio typically reminds its clients of payment deadlines, but it is ultimately the Client’s responsibility to ensure all monies are paid when due, whether or not notice is given. If full payment has not been received by 1 week prior to event, Studio may, in its sole discretion, terminate this agreement without refund of any monies paid.
With the concurrence of the Studio, Client may upgrade Client’s package selection at any time until the day of the event. However, under no circumstances shall Client be permitted to change its selection to a lower-priced package. In case of a change in the time or date of the Event, the Studio shall make reasonable efforts to accommodate the change. If the event date is changed to a new date within one year and the Booth is available on the new date, the Booth will shoot on the new date and apply the retainer to the new date minus a $100.00 rescheduling fee. A new contract must be written for the new date, a new retainer made and all payments including balance paid at that time will be adjusted at that time. No refunds of any monies paid will be made if wedding is postponed or canceled a second time. If the booth or Studio is not available or if the event is canceled, the Studio will refund Client’s money less the non-refundable retainer and the Client must notify Studio immediately in writing (in the case of cancellation)
The post-production process typically takes 3 weeks with a goal of 1-2 weeks, rush editing can be purchased if desired. The completion period is only an approximate length of time and any longer periods necessary for completion will not void this contract. The Studio cannot accept responsibility for final materials lost or damaged in transit.
Minimum space required for “Slow motion booth” is 10x14ft in the case of a isolated area (separate room) and as much as 10x20ft when in a shared space. The client is responsible for ensuring that the “Slow motion both” will have sufficient space and will not pose a danger to any other vendors, the venue’s property or guests.
Client must supply one folding table for props (6ft long or greater is recommended) and a table for guest drinks/personal items (high top round table recommended).
Client should notify venue that a slow motion booth will be in place and advise Oak City Films of any limitations on props or space.
The validity and interpretation of this Agreement shall be construed in accordance with the laws of the State of North Carolina. Any court action to enforce this Agreement, or relating or arising out of this Agreement or the services provided by the Studio shall be brought in a court of competent jurisdiction in the County of Wake, State of North Carolina. In any proceeding related to any dispute arising from this Agreement, each party to this Agreement shall bear their own attorney’s fees. In case any provision of this Agreement shall be invalid, illegal or unenforceable, such provision shall be severable from the remainder of this Agreement and the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Unless otherwise provided herein, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, beneficiaries, successors and assigns. Each party represents that all required authorizations for its execution of this Agreement necessary to make this instrument binding in accordance with its terms against such party have been obtained and are in effect.
Where a Client conducts a chargeback of this contract against the Studio, such Client agrees to be held liable to the Studio for the full amount of the chargeback, as well as any attorneys’ fees, collection agency fees, court costs, disbursements, and any other expenses occurred by the Studio in enforcing its rights against that Client under this section including documented lost production time enforcing its rights.
he parties agree that the Studio may use images and video from Client’s event for its own commercial use, including, without limitation, promotional videos for exhibition to other potential clients of the Studio both online and offline.
A selection of props will be provided by Oak City Films. Due to the “active” nature of slow motion booths, special considerations need to be made.
The client may provide additional props as they wish. However, in all cases, additional props must be cleared with Oak City Films especially if they are pyrotechnic, liquid, or in any way imaginable might cause a clean up issue or potential danger to persons or property.
Safety is a top priority. Oak City Films reserves the right to deny anyone deemed a hazard entry into the booth for the safety of equipment and guests. Client accepts responsibility for removing a guest from the area if required and grants the booth operator full right to make the determination of who can and cannot be in the booth at any given time.
Studio and Client recognize that weddings (the Event) are complicated with many vendors and many individuals competing for input on how the day should go and what should be captured. To simplify matters, Client agrees that regardless of who pays for services or who has signed the contract, the couple listed in Step 1 are ultimately who the services are being performed for. The couple being married will receive final product and receive any rights granted. The couple’s opinions and preferences will be considered by Studio above all others.
Client agrees to indemnify and hold the Studio harmless for any loss, damage, or liability for infringement of any rights arising from the use of their final edits. The video is for private home use only, and the Client assumes full responsibility and liability for any public performance or display of the video. Music used in edited video must be licensed. Client may help choose music from a source specified by the Studio or generally the Studio will make a music choice. Studio will pay for license for music chosen from a music library of their choice.
This written and signed Agreement constitutes the sole and exclusive agreement between the parties regarding the services and products to be provided by the Studio in connection with the Event. It is intended by each party to constitute the final written memorandum of all of their agreements and understandings in this transaction. No covenants, warranties, and/or representations, expressed or implied, and no promises or prior agreements whatsoever have been made, agreed to, or entered into by the parties hereto which are not expressly set forth herein. If either party to this Agreement has attempted to make such covenants, warranties, and/or representations, promises or prior agreements, they are each superseded hereby and waived. Any waivers, terminations, amendments or modifications of, or additions to, this Agreement must be in writing signed by the party against which the enforcement of such writing is sought.
The payment schedule will be as follows:
By signing below you agree that you have read and agree to all the terms of this agreement.
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Signed by Nathan Morris
Signed On: March 15, 2016
If you have questions about the contents of this document, you can email the document owner.
Document Name: Slow Motion Booth
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