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INSTINCTIVE MEDIA - TERMS & CONDITIONS
No work will be started until the contract has been signed and returned to Instinctive Media

These T&C’s refer to our (Instinctive Media) services (photography, filming & editing).

In the following terms and conditions the videographer/ photographer shall refer to Matthew Cowley (Instinctive Media). The client(s) shall refer to the person(s) who signs the contract for the work carried out by Instinctive Media. The work/ product/ service will be the collective term for the planning, attendance of the filming and the subsequent supply of an edited photo or video. The shoot/ photoshoot/ video shoot/ filming refers to the capture of the content required to fulfil the clients needs for their product.

These Terms & Conditions cannot be varied in any way by the client(s) unless expressly agreed to by Instinctive Media in writing.

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1. PAYMENTS

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  1. A non-refundable booking fee/ deposit of 25% is required to confirm your booking. The second instalment of 25% must be paid for in advance of the shoot day itself, at which point this also becomes non-refundable due to the shoot taking place. The remaining balance must be paid either during the editing phase or before receiving the final product. The finished product cannot be delivered until the balance has been paid in full.

  2. Due to the time invested vs cost in video projects, there is no remake available to video edits without incurring further charges (unless expressed by Instinctive Media in writing). 

  3. If a venue needs to be hired by Instinctive Media for the shoot, the client must pay the fees incurred to Instinctive Media before the filming. Likewise, if anyone Is cast for roles in the production that the client must pay the fees incurred to Instinctive Media before filming.​

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2. COVERAGE

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  1. Any media taken during the course of the shoot will be at the discretion of Instinctive Media, although every effort will be made to comply with the clients requirements.

  2. Instinctive Media will do what they can with any given circumstance, but cannot always guarantee unobstructed views for the shoot. Difference in venue and location can yield different results, as well as weather conditions with outdoor work.

  3. Although Instinctive Media will try and fulfil the requirements for the agreed package, sometimes this may not be possible due to reasons explained within these terms and conditions.

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3. ON THE DAY

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  1. Instinctive Media is the only authorised and official photographer/ videographer for this project unless expressed by Instinctive Media in writing.

  2. Instinctive Media will abide by all the rules of the facility and/or directions of the staff/facility coordinator with regards to video set-up and will not be held responsible for absence of certain shots due to such rules and/ or directions, or due to interference by venue guests or vendors.

  3. The client acknowledges that videography and photography requires reasonable lighting and controllable audio (for video/audio), and that production may be compromised if either of these cannot be achieved.

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4. UNFORSEEN CIRCUMSTANCES

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  1. In the event of Instinctive Media being unable to attend the filming date due to illness, injury etc. Instinctive Media will endeavour to provide or recommend the client with a suitable replacement videographer/ photographer/ editor. This will only be done if a change of date cannot be made by either party.

  2. Instinctive Media shall not be liable to the client as a result of not being able to perform any of its obligations due to reasons beyond its control. Including, but not limited to acts of god, fire, bad weather, flood, storm, acts of civil or military or government authorities, industrial action, war, terrorism, grounds of safety, or illness, or failure of third parties or the client.

  3. In the event of equipment failure beyond Instinctive Medias control, including theft of equipment or material, the videographer is not liable for refund or compensation, but will try to appease the client using any available recorded material. In the unlikely event of a total video failure, liability shall be limited to a refund of monies paid other than the deposits and booking fees. 

  4. The videographer reserves the right to cease filming or editing if situations arise that are unfit to continue, eg. Grounds of safety, mistreatment, offensive or abusive behaviour, or unacceptable working condition. In these instances, Instinctive media is not liable for refund or compensation.

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5. LIABILITY

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  1. Whilst every effort will be made by Instinctive Media to supply the client with a satisfactory product based upon the Instinctive Medias advertised style, and to the specified requirements agreed beforehand, all editing and post production will be carried out to the Instinctive Medias  discretion.

  2. The client’s payment is for labour costs, presentation media and production of the completed video. Every effort is taken by Instinctive Media to provide the client with agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the client as grounds for refunds or compensation, for which Instinctive Media is not liable.

  3. The Videographer cannot be held responsible for any personal injury/accident or damage during a video shoot.

  4. If the client goes against the advice of Instinctive Media regarding music, which leads to their content being removed for copyright reasons, Instinctive Media will not be held liable.

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Postponements
Delays

6. CANCELLATIONS, POSTPONEMENTS & DELAYS

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  1. Rescheduling can be done without charge if a suitable date can be found. If a suitable date is not agreed, the client must cancel the services and be liable for cancellation clauses.

  2. Deposits, retainers and booking fees including advance payments are non-refundable. 

  3. If cancellation is done by Instinctive Media, liability shall be limited to a refund of monies paid other than deposits, retainers and booking fees. 

  4. If cancellation is done by the client, the videographer is entitled to invoice the client for loss of earnings based on the following percentages of the total contract price (minus any deposits, booking fees or retainers):

    1. Within 15-30 days of the shoot = 25%

    2. Within 8-14 days of the shoot = 50%

    3. Within 2-7 days of the shoot = 75%

    4. Within 48hrs of the shoot = 100%

  5. If any deliverables, including the Final Version cannot be supplied as per the agreed delivery date due to reasons beyond its control, Instinctive Media will not be held liable for any consequences of late or failed delivery.

  6. Content will only be held by Instinctive Media for 6 months after the shoot due to storage limitations. If you would like us to store the content for longer, you will incur a £15 fee to extend the storage length for another 6 months. You will always be contacted before any content is deleted.

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Usage

7. RIGHTS, OWNERSHIP, COPYRIGHT & USAGE

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  1. The client(s) allows Instinctive Media (Matthew Cowley) to display any video, sound or image covered by this contract for promotional and demonstration purposes, including advertising, websites, social media, printed media, etc.

  2. All original recordings, videos, photographs and edited computer files will remain the property of Instinctive Media. Instinctive Media will not be solely responsible for the storage and maintenance of the original and edited media, including video and sound recordings, photographic, and digital files. 

  3. Original raw footage (non-edited material) is the sole ownership of Instinctive Media and is not intended for client viewing and is not part of the supplied finished package. Original material might be offered to the customer if the videographer is unable to produce the edited program. All material will be kept for at least one year from the date of the shoot.

  4. The property and any copyright or other intellectual property right in all material produced by Instinctive Media in performance of the goods/services belong to Instinctive Media, but the client shall be entitled to use the material supplied under this contract solely for predetermined use, subject to payment in full of all sums payable under this contract.

  5. The use of copyrighted music within the client’s video shall only be used for private viewings. If the client requires copyrighted music for public viewing, they must cover the fees incurred by the music choice. If the client goes against the advice of Instinctive media and has their content removed for copyright reasons, Instinctive Media will not be held liable.

  6. The customer is forbidden from uploading the videos themselves to the internet unless the video only contains copyright free music.

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Ownership
Copyright
Corrections

8. ALTERATIONS & CORRECTIONS

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  1. After taking collection of the completed video, the client has 7 days to return the product for any first round amendments to be undertaken free of charge. Such requests should be made in writing and within 7 days of receipt of the completed product.

  2. The client is permitted to make one list of alterations and shall be limited to one revised video. Further corrections will be seen as a new project and therefore chargeable at the Instinctive Medias daily rate.

  3. Further alterations will be undertaken free of charge at the digression of Instinctive Media (eg. Spelling mistakes that are not the fault of Instinctive Media, rearrangement of clips, adjusting photo edits etc.).

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9. WATERMARKS

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  1. Any and all content can be watermarked by Instinctive Media until paid in full.

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10. RETURNS POLICY

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  1. Please see the above sections 5. Liability and 8. Alterations & Corrections

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