Booking Oak City Films
We are SO EXCITED to be sharing your special event with you. Booking your date will take only a few minutes, here are some instructions:
Please remember to add us to your catering head count if a meal is to be served at your event.
Bride Full Name (Maiden):
Groom Full Name:
Primary Event Date:
Please review package listings below.
Would you like to add any of the following videos?
We are required by the state of NC to collect applicable sales tax on all items on all in-state bookings (according to billing address).
If you were wanting to add any a la carte or enhancement items, please specify them here. They can also be specified at a later date. Each item here adds to the total amount due but does not change reservation deposit.
Fee Schedule: 4K UHD Mastering $250 | DVD or Bluray mastering + 3 DVD/Bluray copies $150/250 | Additional DVDs/BLuRay $20/$30 | Add hours on-site $150
This agreement (“Agreement”) constitutes a binding contract for videography and editing services and/or products. 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” combined with any enhancements and applicable amounts selected in “Step 2.” The “Event” or “Wedding” are to mean any and all events that the Studio has been hired to cover.
The following terms and conditions shall also apply to Client’s engagement of the Studio:
The Studio shall assign a videographer (also referred to as a cinematographer) 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 videographer at any time.
Due to the length of time required to videotape the Event and the inability to leave the, Client agrees to provide the videographer(s) with a meal. For simplicity, this meal is to be the same as or comparable to the meal served to Client’s regular guests and it is important that videographer(s) be served and/or allowed to eat at same time as the wedding party to ensure they are readily able to film reception events.
The Studio shall be the only videography service provider retained by the Client for the event on the date specified above on this Agreement (referred to below as the “Event” or “Wedding”).
Family and friends of Client shall be permitted to videotape the event, for non-commercial purposes, provided that such person or persons do not interfere with the videographer’s duties. If, solely in the opinion of the assigned videographer(s), such person or persons are inhibiting a videographer from performing his or her duties, Client shall require the person interfering with the videographer to stop all further videotaping or the Client or Studio may, at its sole option, cease videotaping.
If any other commercial video production company is present, the Studio shall have the right, in its sole discretion, to discontinue work, and no monies will be refunded; or the Client will be charged an additional $300 per hour for each videographer present not associated with Studio (examples, without limitation: videographer hired by another vendor, DJ with a video camera, aspiring videographers).
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 videographer illness, death, or incapacity, the Studio shall make reasonable efforts to substitute another competent professional. If another videographer 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.
If any videographer from Studio has personally committed to being the primary event videographer and in the very unlikely event that an emergency arises extreme sickness for example) and he or she is unable to perform, the Client will be notified immediately and all money paid will be refunded to Client or, in the sole discretion of the Studio, a suitable substitution will be made.
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 $750 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.
Parking fees (valet or self parking at the digression of the Studio) totaling over $20 for each videographers car during the event will be charged to the Client.
All package hours are consecutive. Client will allow at least 30 minutes for setup prior to any event they wish to have captured, however, the Client is NOT billed for “tear down” at the end of the night. There is no credit for unused hours or unused items or credits in packages.
Requested overtime will be billed in 1/2 hour increments at the current rate of $75.00 per half hour, until such time as the Client has departed, informs the Studio to discontinue, or prearranged to end coverage.
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 Studio is available on the new date, the Studio will shoot on the new date and apply the retainer to the new date minus a $500.00 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 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 approximately 3-6 weeks from the time all post production materials are received. 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.
Any photos, music, slides, other media and names of bridal party to be included in the production are due within 1 week of the event. Any longer periods will delay delivery of the final edits.
It is the Client’s responsibility to ensure the Studio is aware of any travel that may need to be performed on the day of Event. Any travel in addition to that discussed with the Studio may incur additional fees depending on the nature and distance of the travel as well as package selected.
The Studio will provide client with a questionnaire after a deposit is received. The Client is responsible for filling this out in a timely manner and returning it to the Studio. Should any of the provided information change, it is up to the Client to ensure the Studio is made aware of these changes (specifically changes to times or locations!). Client should ensure that any changes that are made are acknowledge in writing by the Studio to ensure that there are no misunderstandings.
If you receive or order a DVD (also referred to as a DVD-R) from us, the disc you receive is 100% DVD-R compliant and needs to be played on DVD-R compliant players only. There is no guarantee that your DVD-R will play in your DVD player if not on an approved list. If the DVD is being sent to another country, Client will notify Studio ahead of time as DVDs must be encoded for the country they will be played in. The Studio is not responsible if the DVD is not able to play in the country of your choice if not notified ahead of time of this issue. Similarly, Blu-Ray discs are encoded to accepted standards and it is the responsibility of the Client to secure a player which can play the media.
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.
The 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.
It is understood that the Studio is the exclusive official videographer retained by the Client to cover this event. The Studio is granted full editorial, production and content control by the Client regarding all aspects of the production and post-production services. In case a particular segment of the Event is not recorded, is partially recorded, or is not a part of the edited master tape, it is at the sole discretion of the Studio as the exclusive Producer of the event’s video recording. The Studio additionally reserves the right to determine the number, location, and type of video cameras capturing any discrete segment of the Event.
If something occurred at the wedding that Client does not want to appear in the final product, Client must instruct Studio within 2 weeks following the Event.
If there are any editing or technical errors in the final product, Client must notify Studio of the errors within 2 weeks following the delivery of final products (flash drive/dvd/blu-ray/hard drive/any combination), so corrections can be made. Editing technical errors are corrected at no charge (i.e. spelling, technical errors). After the two weeks notification period has expired, Studio shall not be liable for any requested changes. Additional re-editing after the delivery of the final product will be in the discretion of the Studio, and Client will be charged $125.00 per hour for editing plus duplication fees.
Allow an additional 12-16 weeks for delivery of re-edits. The Studio reserves the exclusive right to edit all video. Client is granted a license to use final films and videos for private, non-proft uses only, unless other permission is granted in writing by the Studio. Original media and “raw footage” is not released to Client and is owned solely by the Studio and maintained for one year.
Client is granted the right to make additional copies of their finished products so long as they are copied without modification. The Studio requires that client not edit or alter the final deliverables in any way. Edits may not be uploaded or shared online except by the Studio.
The Studio cannot guarantee video or audio quality caused by restrictions imposed at and/or by the event location, whether structural, environmental, or otherwise. Because the videographers cannot interrupt or interfere with the ceremony or other events in any way to correct less than satisfactory shooting conditions, the Client shall insure the placement of the bridal party, officiant(s) and decorations does not obscure or block the view of the bride and groom. The Studio will not be held responsible for shots or audio that are missed or omitted because of videographer being blocked or in some way hindered by another person or vendor. It is the Client’s responsibility to ensure events they wish to have covered do not occur without the videographer present.
Film lengths in film package listings are a rough estimate based on what typically results from the package selected. It is believed to be generally accurate. However, a final film may be longer or shorter. The Studio reserves the right to make length decisions based off what will result in the best overall final product for the client.
The highlight is to mean an edited video approximately 3-4 minutes in length that is created from various audio and video clips captured throughout the time hired. Generally speaking the audio will be from the vows and the pronouncement. Client agrees to have this film shared online. These films will typically include video from all the major events of the day during the time hired as well as creative shots and detail shots set to licensed music.
Full length videos of major events (“documentary video”) are available as add-ons to the highlight package. Any documentary video footage may include imperfections due to the unpredictable nature of live events, especially weddings. Regardless of package, we generally record all major events and additional edits may be available for purchase as desired before or after the wedding so long as the footage is available and in the opinion of the Studio can be edited into a professional final product for the client.
Additionally, the Studio will make their best efforts to capture all important moments of your day. Unfortunately, because weddings are fast paced and very often unpredictable, the Studio cannot guarantee that it will be able to capture any particular shot, effect, interview, or special request.
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, it’s schedule, 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 warrants that he/she has the legal rights to anything the Studio will videotape including photos, audio, music and any other elements used in Client’s final product. 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. Client assumes all responsibility for obtaining any necessary permission, clearance permits, access to, hookup fees and admission which may be required to videotape event. 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.
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 outlined on this page, in all sections and in the contract.
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Signed by Nathan Morris
Signed On: May 24, 2017
If you have questions about the contents of this document, you can email the document owner.
Document Name: Booking Oak City Films
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