1.1 Bookings are accepted on these terms and conditions only. No condition may be added, omitted or altered unless we have agreed it in writing with you.
1.2 Any addition omission or alteration that we agree does not affect any other terms or conditions
1.3 When you fill out the booking form, you will be deemed to have read and accepted these terms and conditions
1.4 You specifically confirm to us that the information that you have provided in the booking form (and any other forms) is true and accurate in all respects
2.1 Once a booking has been accepted you must immediately pay the deposit that we have agreed. Until we have received the deposit (and if by cheque, that cheque has cleared) we are under no obligation to carry out any of our obligations. Please note that this contract remains in force even if you have not paid the deposit and we shall be entitled to enforce it.
2.2 You must pay us the balance in full (and if by cheque 10 weeks) at least 8 weeks before the date when the event is to take place. If you do not do so we will not have any liability to you, and if we decide we shall be entitled in our absolute discretion to forfeit the whole or part of the deposit.
2.3 If you cancel this booking:
i. More than 120 days before the date of the event then the deposit will be forfeited, but no further sum is payable by you;
ii. Within 90 of the date of the event a sum amounting to 50 per cent of the total price is payable by you;
iii. Within 30 of the date of the event a sum amounting to 95 per cent of the total price is payable by you;
2.4 Any cancellation must be notified to us in writing addressed to us at the address shown on this contract. (31 Eamont Road Norton Stockton on Tees TS20 1DG)
2.5 The price is based on a recording time not exceeding the recording time of your chosen package. Silver Package covers from 1 hour before your ceremony and upto 1 hour after, the Gold Package covers until 6 pm or until after the Speeches which comes first, Gold + Package covers until 7.30 or until the First Dance which comes first, Platinum Package covers until 8 pm or until the First Dance which comes first. If your First Dance is not over by this time an hourly (£100) or part hour (£50) charge will apply, your edit will not take place untill this pament is made.
Restrictions on our liability to you. (please note this section is important and should be read by you since it limits your rights. Please ask us if you need any further clarification).
3.1 We will make every reasonable effort to secure a replacement cameraman if for any reason the cameraman is unable to carry out the engagement. In those circumstances however, our liability to you is limited to making a refund of the sum that you have paid to us in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party.
3.2 Although we make every reasonable effort to ensure that all equipment we use for your event is in sound working order, if a problem with the equipment should arise our liability to you is limited to making a refund of the sums that you have paid in respect of the booking. We will be entitled to deduct any out of pocket expenses that we have reasonably incurred or paid to a third party. In the event of a part of the event being recorded we will in that case return a fair proportion of the price.
3.3 Although we will use every reasonable effort to record significant parts of the event (including any part of the ceremony) the decision as to what is comprised in the recording is in our absolute discretion. We can give no assurance that we will successfully record any particular aspect of the event (even though you may have asked us to do so), and any failure by us to capture any particular aspect of the event does not give you any right to refuse to pay the price or obtain a refund.
3.4 When you enter into this booking you accept that we cannot accept any liability whether it is a financial or any kind of loss, which arises either as a direct result or as an indirect result or as a consequence of any failure by us of our obligations to you in this booking except for our obligation to return all or part of any sums that you have paid to us in accordance with these conditions.
3.5 We will not exclude our liability to you for any death or personal injury or damage to property that may have been caused by negligence or that of any of our employees.
3.6 We will carry out services with all reasonable care and skill. You accept that any other warranty or legal obligation on our part or placed on us by any legislation (such as the Supply of Goods and Services Act 1982 and the Sale of Goods Act 1993) or arising under common law is excluded in so far as it possible to do so.
3.7 Although these exclusions or limitations may appear to be comprehensive you agree that it is fair and reasonable for us to limit our liability. This is because if we were to accept additional liability we would need to insure against that liability or loss which will then increase our prices. You accept that you understand this and agree that it is reasonable to us to limit our liability in this way.
Ownership of the Master Tape and Copyright
4.1 The master tape remains our property. Copyright in the master tape is vested in us. This means that:
4.2 Master tapes and footage are kept for 4 weeks after your wedding.
4.3 We reserve the right after you have received your copy of the DVD, to show the tape or part of it to any prospective client who may wish to see a sample of our work, or to enter the tape into competitions or use in our show reel. We will not however release any part of your video for public showing or broadcast without your prior written consent.
4.4 We confirm that we will comply with the provisions of the Data Protection Act 1998 as it relates to your personal data. Please note that we shall be entitled to assume unless you inform us otherwise prior to the event that all persons attending the event have consented to being recorded on the DVD.
5 If you ask us to provide any extra services after you have filled out the booking form these may be subject to additional payments which we will agree with you. Those extra services will, if accepted by us, be carried out on the basis of these terms and conditions.
6 Please note that it is your responsibility to obtain the consent from the owners of the church or other venue where the event is being held and all other persons involved in the event, such as any person conducting the ceremony, the choir, organist and other musicians to record the event before it takes place and to pay any fees charged by them. If you fail to do so, this may mean that we are unable to record the ceremony or the event or release the DVD to you until that consent (which is required for Copyright reasons) has been obtained.
Schedule and Quality Control
7.1 We will try to agree a schedule of content of the recording with you. Please note that the content of that schedule does not form part of our agreement with you.
7.2 We will assume that you accept the quality of the finished DVD unless you tell us to the contrary in writing within 2 weeks of the DVD being sent to you. If you do notify us within that period you must also tell us what your complaint is in as much detail as possible. If we do not receive any complaint within that period we shall be entitled to assume that you are satisfied with it and we will then be under no further obligation to accept any complaint, unless we then agree.
7.3 We will use all reasonable efforts to deal with any complaint promptly and if it is something that is justified and we can remedy, we will do so. If we do not consider your complaint to be valid then we will tell you promptly.
8 In these terms and conditions.
“us” and “ours” means “Total Memories” or their authorised representative, “you” is the person or persons making the booking and who are entering into the legal obligation, The “Booking form” is the form filled in by you set out overleaf (which forms part of this Agreement) “Price” and “Deposit” means the contract price payable to us for our services and the advance deposit respectively, The “event” is the ceremony and associated activities that you have asked us to record and which is detailed in the booking form.