THIS TERMS AND CONDITIONS ARE BETWEEN...
The CLIENT - YOU
The COMPANY - The CA Brand LTD, 3 Anchor court, Talbot Lane, West Sussex, RH12 1ET.
Company Number - 07627195
Date of this deed - The date you sign.
This contract and The CA Brand are governed by the laws of the United Kingdom, Scotland, Wales, and Northern Ireland.
The CA Brand LTD is a company registered in England and Wales under company number 07627195.
The CA Brand LTD has public liability insurance of £5,000,000.
The only way to add or change this agreement is to do so in writing, either signed electronically or in person by all parties.
By booking a Service with The CA Brand, you are agreeing to accept the following Terms & Conditions, which subsequently form your Contract (Legal Agreement)
VIDEOGRAPHER means freelancers, creatives, or operators working under The CA Brand LTD.
The CLIENT means any person, group of people, Organisation, or Company with whom “The CA Brand” enters into a contract, verbal or written, for the purpose of providing videography services by “The CA Brand LTD.”
SERVICE means any consultation, product, video shoot, 360 video booth, post-production, training option, offered or provided to “THE CLIENT’' by “The CA Brand”
FORCE MAJEURE means any unforeseeable event, out-with the control of the “The CA Brand” or the “THE CLIENT’', such as a family death, adverse weather, or serious illness
THE TERMS AND CONDITIONS
The CA Brand offers digital consultation service to the CLIENT via any digital platforms [Google meet, Zoom, Skype, WhatsApp, emails, and telephone calls] in order to outline broadly what the CLIENT requires of The CA Brand. A face to face consultation can also be arranged if needed. Any additional meetings or site visit requests will be at a charged fee. The CA Brand will contact you either by phone or email a few days before your event to ensure that there have been no last-minute changes to the prior agreed plans.
THE CA BRAND COOPERATION
The CA Brand promises to fulfil its obligation to the CLIENT(s). In any case of emergencies beyond our control such as family death, Forced Majeure, that requires The CA Brand to cancel, The CA Brand will make every effort to secure a reputable replacement. If a suitable replacement is not found, the CLIENT agrees that The CA Brand will return all payments received from the CLIENT(s).
THE CLIENT'S COOPERATION
THE CLIENT agrees and understands that The CA Brand, will be the only exclusive videographer(s) unless otherwise noted and agreed. The Parties agree that good faith, cooperation, and communication between them are important in obtaining a good result. The CA Brand recommends that the CLIENT identify important individuals during the event to the videographer(s) if they wish to have them filmed. The CA Brand will not be held accountable or liable for not filming desired guests if there is no one to assist in identifying and gathering people. The CA Brand is not responsible or liable if key individuals fail to appear or cooperate during filming, or for missed visuals due to details not revealed to The CA Brand or beyond the videographer(s) control.
RETAINER & PAYMENT SCHEDULE
The CA Brand requires 100% of its agreed fee at the time of booking. This will be NON REFUNDABLE, however, The CLIENT has the right to cancel within 7 days of this contract with a full refund. Should The CLIENT cancel or otherwise breach this Agreement, the NON- REFUNDABLE RETAINER shall be liquidated for loss of bookings to The CA Brand. The CLIENT shall also be responsible for payment of any materials/charges incurred up to the time of cancellation. Otherwise, the retainer shall be applied towards the Final Total. The CA Brand has a zero-tolerance for late payments. Any late payment will incur interest of 5% a day of any outstanding balance and the risk of a no-show from the videographer(s) and/or withholding of content. If the CLIENT does not make the agreed payment by its agreed date, all terms of this contract are null and void.
The CLIENT agrees that the due performance of this agreement is subject to alterations or cancellation by The CA Brand to any cause beyond its control including but not limited to sudden illness, death, equipment failure, injury, a victim of crime, government lockdown, fire/explosion, storms and floods, natural disaster, disease outbreaks/epidemics/pandemics, severe weather conditions, earthquakes, wars, civil or military order, the act of God, the act of terrorism, shortage of material, and the failure of transportation. The CA Brand will not be held responsible and will not be liable for the delay or failure in agreement. Please note that all the NON- REFUNDABLE RETAINER shall be liquidated for loss of bookings to The CA Brand if the CLIENT(s) cancels. The CA Brand will try its best to work in collaboration with the CLIENT(s) if they wish to postpone, making the transition as smooth as possible.
In the event that the CLIENT(s) need to change its prior booked date(s) with The CA Brand, this can be accommodated once at no cost subject to availability. The CA Brand will not be held responsible if the CLIENT(s) date is not available. Should The CLIENT cancel or otherwise breach their Agreement, the NON- REFUNDABLE RETAINER shall be liquidated for loss of bookings to The CA Brand.
Should The CLIENT cancel or otherwise breach this Agreement, the NON- REFUNDABLE RETAINER shall be liquidated for loss of bookings to The CA Brand due to your date being secured. The CLIENT shall also be responsible for payment of any materials/charges incurred up to the time of cancellation.
The CA Brand has a zero-tolerance for any form of abuse and will not allow any form of abuse whether verbal, physical, financial or sexual. If any such incidents were to occur we would be forced to stop filming and vacate the premises, which may also lead to legal action where liable.
It is mandatory that The CA Brand and its team are provided with at least 2 parking spaces at each location. Failure to do so will incur the client extra charges.
The CA Brand and its associates or employees are limited by the guidelines of the ceremony officials or reception site/venue management. CLIENT agrees to accept the results that may occur from said guidelines. Negotiation with the officials for moderation of guidelines is solely the CLIENTs responsibility. The CA Brand will, however, offer technical recommendations concerning such guidelines.
The CA Brand will require a break of 1 hour to have a hot meal. The CLIENT can provide a hot meal for The CA Brand team to avoid the team leaving the premises for a break. If the CLIENT is unable to provide a hot meal for The CA Brand’s Team, please do bear in mind that the team will be leaving the premises to have their break. Leaving the premises could lead to vital parts of the day being missed.
All of your guests will have digital cameras and all your guests will want to photograph or film the occasion. In the spirit of cheerful cooperation, the client agrees to give the videographers from The CA Brand precedence over their guests in order to capture footage required for the event. The CA Brand cannot be held liable for lack of footage if guests taking their own photos and film of the event have continually interrupted the Cinematographer's work.
DRONES / AERIAL FILMING
The CA Brand has experts who have extensive experience in flying our drones. We are CAA licensed and regulated. Whilst most venues are fine with us flying the drone on their site, we do advise that you check with your venue before booking us for your event if having drone footage is paramount to you. Make sure that you have all the permission needed in writing and that external costs are met. We will not be liable for any costs that were not agreed to during the booking process.
The CA Brand will take the utmost care and respect of the content, its exposure, storage, and processing of the footages/images, but cannot and does not, guarantee that footages/images of the event will not be lost, stolen, or destroyed for reasons within or beyond The CA Brand control. CLIENT further agrees that the limit of liability for a partial loss of originals shall be a prorated amount of the exposures lost based on the estimated percentage of the total number of original footage and content.
IMAGES AND COPYRIGHTS
All films/images produced by The CA Brand are protected by Copyright Law (all rights reserved). Upon final payment by CLIENT, The CLIENT is granted a limited license to use and display resulting films for personal use only. Footages may not be altered or reproduced in any manner without prior written permission of The CA Brand. The CLIENT must obtain written permission from, and compensate the theCA Brand prior to the CLIENT, its associates, friends, or relatives publishing or selling the footages.
“INTELLECTUAL PROPERTY” means all rights in Copyrights, Patents, Trade marks, Design Rights and any other proprietary rights relating to intangible property.
Copyright is a property right which subsists in accordance with this Part in the following descriptions of work -
(a) Original literary, dramatic, musical or artistic works,
(b) Sound recordings, films [ or broadcasts], and
(c) The typographical arrangement of published editions.
OWNERSHIP OF INTELLECTUAL PROPERTY
All films/images produced by The CA Brand are protected by Copyright Law (all rights reserved). Upon final payment by CLIENT, The CLIENT is granted a limited licence to use and display resulting films for personal use only. Footages may not be altered or reproduced in any manner without prior written permission of The CA Brand. The CLIENT must obtain written permission from, and compensate the CA Brand prior to the CLIENT, it's associates, friends, or relatives publishing or selling the footage.
The CLIENT hereby grants to The CA Brand and successors, heirs, executors, administrators, assigns, attorneys, representatives, and agents, the irrevocable and unrestricted right to use and publish films of the CLIENT or in which the CLIENT may be included, for editorial, trade, advertising, digital marketing or any other purpose and in any manner or medium; to alter the same without restriction; to copyright the same. The CLIENT hereby releases The CA Brand and all associates representatives and assigns from any and all claims, actions, demands, suits, liabilities, damages, expenses, and obligations of any kind arising from or related in any manner to The CA Brand use of said footages.
GENERAL DATA PROTECTION REGULATION (GDPR)
All personal data or information collected in the course of this Agreement will be processed in
accordance with the UK General Data Protection Regulation (UK GDPR), tailored by the Data Protection Act 2018.
Assets are expected to be ready for proofing within 24 weeks of the event date. Packaging and DVD/USB/Hard Drive/ creation are expected to be delivered within 4 weeks after the client's approval of the proofing assets.
The Client should first raise any complaints with The CA Brand in writing within 21 days from the date of receipt of all visuals.
By signing this document, you are agreeing to the terms and conditions therein.