Purpose of the Agreement

Client hires Videographer, Photographer, Website and Brand Developer and Marketer to provide services as detailed in this Agreement. Videographer, Photographer, Website and Brand Developer has agreed to provide such services according to the terms of this Agreement.

Services

Eblossomly- Photographer, Videographer, Website and Brand Developer and Client agree on the videography photography, e-commerce websites, and digital marketing services provided on the specified dates and locations will consist of the following: 

  1. The Videographer, Photographer, Website & Brand Developer and Marketer agrees to services identified within this Agreement.
  2.  The Client agrees to provide payment, and a creative brief or other written instruction to the Videographer, Photographer, Website Developer and Marketer before the video is filmed.
  3.  The Videographer & Photographer, Website Developer and Marketer, generally finish the projects within the agreed Timeline. However, they also reserve the right to adjust the completion date based on influx and order needs. Any adjustments in the delivery timeframe will be communicated to the client as early as possible, and all reasonable efforts will be made to deliver within the agreed-upon timeframe. No refund will be given based on the time required for the project to be finished or for artistic preferences. 

 Revisions – Videography

 If needed, up to 2 revisions may be requested per edited video. The client must request any such modification within 12 days of receiving the video. If requests for revisions are made beyond this time frame, they will attract additional editing fees at a rate of $70 per hour. In this case, the videographer will invoice the client with prior notification and consent. 

If the client requests a revision that includes but is not limited to; special effects, full re-do of design, additional footage, custom animations, or voiceovers, new charges may need to be introduced, which will be invoiced to the client with their prior consent. The videographer has the final say in determining whether a client request will attract new charges.

 Revisions – Photography

 Should the Client wish to make any changes to the final images delivered, the Client must advise of changes via email within 10 days of receiving the gallery. If the request for modification is given after this period, the Photographer will charge the client and draw up a new quote to make further changes.

 The Client is required to approve the pre-production board by the date set out in the timeline above. If any details are missed on behalf of the client that are not on the pre-production by shoot date, Eblossomly will classify this as additional content for which the Client will be charged.

Cost, Fees and Payment

Payment Schedule and Method: For your convenience, payments can be made online via direct bank transfer. Details and the remaining balance will appear on the invoice.

Deposit Payment

Work on the Client’s project relating to either pre-production tasks or shooting does not commence until a 50% deposit is paid and received by the Photographer, Videographer Website and Brand Developer and Marketer. Pre-production activities may include tasks critical to the project’s success, such as scheduling of talent and locations, prop sourcing, location scouting, creative conceptualisation, scriptwriting, and storyboarding. As a result, the failure of the client to pay the deposit may result in delays of deliverables being received and possible cancellation/rescheduling fees.

 Additionally, the Client accepts that the deposit payment is non-refundable.

Destination

Additional fees are applicable for all videos & photos deemed as destination (80km away or more), such as round-trip airfare, hotel stay, and car rentals. All travel can be arranged by clients per specifications of Videographer & Photographer or set by Videographer & Photographer with agreement of payment invoiced. 

Overtime

If at the request of Client additional unplanned and/or ad-hoc services (such as, but not limited to, full redo of video design, shoot extension of time, change of website content or marketing services outside of scope of agreement, management of other activities due to new client requests etc) are considered overtime and will be billed with prior notification and consent at the rate of $90 per hour. 

Intellectual Property

 Copyright Ownership. Suppose any copyrighted work(s) are created as a result of the Services provided by Photographer,Videographer, Website and Brand Developer  following this Agreement. In that case, Photographer and Videographer own all copyrights in any work(s) it creates or produces under federal copyright law, whether registered or unregistered. Any products, whether tangible or intangible, made or designed in connection with or in the process of fulfilling this Agreement, are expressly and solely owned by Photographer / Videographerand may be used in the reasonable course of Photographer’s / Videographer business.

Permitted Uses of Product(s). Photographer / Videographer grants to Client a commercial license of product(s) produced with and for Client for the following uses:

DIGITAL:

 – Website; paid ads, organic social media content; EDMs; Press/Pr;

 PRINT:

 – Internal marketing; mail brochures; Packaging; Press/Pr; catalogues; In-store and POS

Should the Client wish to use the footage outside of these marketing mediums, additional rights may be granted by agreement between the two parties at this time; however they must be written and signed by both parties to be valid.

Permitted Uses of Product(s). Videographer, Photographer Website and Brand Developer grants to Client a commercial license of product(s) produced with and for Client for all business purposes including but not limited to websites, social media profiles, marketing/advertising campaigns and for dispersal to family and friends. Additional rights may be granted by agreement between the two parties at this time; however, they must be written and signed by both parties to be valid. 

Artistic Release

Style. The client has spent a satisfactory amount of time reviewing Videographer’s, Photographer’s, Website and Brand’s Developer work and has a reasonable expectation that they will similarly perform the Services unless otherwise specified in this Agreement.

Consistency. Videographer, Photographer, Website and Brand Developer will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Videographer’s, Photographer’s, Website and Brand Developer’s current portfolio and will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:

  1. Every client and video/photo/ brand have different tastes, budgets, goals and aesthetics. 
  2.  Videography, Photography, Website and  BrandingDeveloping services are often a subjective art, and Videographer, Photographerand Website and Branding Developer has a unique vision, with an ever-evolving style and technique;
  3.  Videographer, Photographer, Website and Brand Developer will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
  4.  Although Videographer, Photographer, Website and Brand Developer will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Videographer, Photographer, Website and Brand Developer shall have the final say regarding the aesthetic judgment and artistic quality of the Services;
  5.  Dissatisfaction with Videographer’s, Photographer’s, Website and Brand Developer’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned. 

Refund Policy

 Due to the nature of the work, the total amount is non-refundable.

Product Postage

Photographer and Videographer must physically receive the product at least 7 days prior to the scheduled shoot. If the product is not received in time for the shoot, rescheduling fees will apply, including but not limited to location fees, model fees, and Photographer/ Videographer scheduling fees.

Website content must be delivered at least 5 days before building the website. 

 Product Labelling

 If there are any imperfections on products that require extended retouching time (e..g removal of large areas of writing, significant scratches that disrupt critical logo components such as any large text or small writing, and reflective labels) may incur additional retouching fees.

Limit of Liability

Maximum Damages/ Loss of Product. If by way of technical failure or any other circumstances, the footage is lost or broken beyond repair, Videographer & Photographer shall organise a re-shoot or refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided. No further liability will be held by the Videographer & Photographer. Should any of these events occur, Client agrees to meet confidentiality and agrees to not tarnish the reputation of the Videographer & Photographer by way of any negative communication, public or private. 

Responsibility

Failure to Perform Services. Videographer, Photographer, Website and Brand Developer are not responsible for Acts Of God, Natural Disasters, an Act Of Government such as A Declaration of National or Local Emergency, or Other Incidents Not within the control of the consultant, i.e. accident, death in the family, illness, pregnancy, or sudden tragic circumstance. In such a situation, Videographer, Photographer, Website and Brand Developer will obtain, upon approval of the client, a qualified professional replacement to fulfil Videographer’s, Photographer’s & Website and Brand Developer obligations under the contract no additional charge to the client. In the event Videographer, Photographer, Website and Brand Developer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
  2.  Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
  3. Excuse Client of any further performance and/or payment obligations in this Agreement.

Impossibility

Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:

  1. A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
  2.  War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
  3.  Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

Failure to Perform Services. In the event Videographer, Photographer, Website and Brand Developer cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
  2.  Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
  3.  Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the parties’ mutual understanding.

Notice. Parties shall provide adequate notice (“Notice”) to each other via email. 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Event Video and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. 

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.

Acceptance

The Client, Videographer, Photographer, Website and Brand Developer agree and are legally bound to all terms in this agreement.

  1. Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
  2.  Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
  3.  Excuse Client of any further performance and/or payment obligations in this Agreement.

General Provisions

The undersigned have read this contract, understand its terms, and agree to be bound thereby. Any additions, deletions, or revisions must be made in writing and approved by all responsible parties. The parties agree that this contract is the complete and exclusive statement of the parties’ mutual understanding.

Notice. Parties shall provide adequate notice (“Notice”) to each other via email. 

Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Event Video and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. 

Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.

Acceptance

The Client, Videographer, Photographer, Website and Brand Developer agree and are legally bound to all terms in this agreement.

Allofthe above people or businesses entering this Agreement will be referred to as the “Parties.”