Terms and Conditions
Introduction
A contract is formed between a customer (referred to as the “Customer”) and R. Tyler Films (referred to as the “Company”) when a Contract is received from the Customer. A Contract may be in written, verbal or electronic form. The Product or Service shall mean any product or service that is provided by the Company to the Customer. These conditions do not affect your statutory rights.
Supply
The Company agrees to supply the product(s) or service(s) to the Customer as detailed in the Contract and according to the terms and conditions of this contract.
Rights Reserved
Should the Company choose not to enforce any or all of these conditions it should not be interpreted as a waiver of any of the Company’s rights. By providing the Company with an Contract, the Customer accepts these terms and conditions.
Payment
The Company shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. Goods or services shall remain with the Company until full payment has been received, unless otherwise stipulated.
Health & Safety
The Company and Customer will act in accordance with all relevant health and safety requirements in Contract to provide the product(s) or service(s).
Creative Brief
Unless otherwise agreed, the Customer accepts the Company’s decisions on creativity within the product(s) or service(s).
Booking Fee/Cancellation
Monies paid by the Customer to reserve the product(s) or service(s) of the Company will be accepted as a Booking Fee. If the Customer cancels the contract less than 8-weeks prior to the Company supplying the product(s) or service(s), the Customer will be liable for the whole invoice value less any Booking Fee already paid. If the Customer cancels their Contract more than 8-weeks prior to the Company supplying the product(s) or service(s), they shall forfeit the Booking Fee.
Liability
The Company accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of the Company being unable to supply the product(s) or service(s) as specified in the Contract, liability shall be limited to the total invoice value – or monies already paid by the Customer.
Copyright
Unless otherwise stated in the Contract, the Company retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Customer in relation to the Contract. The Customer must ensure that permission is sought for the inclusion of any copyright material they supply to the Company to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks and locations. The Company retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Contract. The Customer agrees to indemnify the Company in the event of any breach of copyright claims being brought against the Company in respect of material supplied by the Customer.
Data Protection
The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of the Company supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection.
Complaints Procedure
In the unlikely event of a dispute over the supply of product(s) or service(s), the Customer and Company agreed to accept the findings and agreements found within the Contract, as well as Terms and Condition hereof. Any disputes must be notified within 28-days of the Customer receiving the product(s) or service(s).
Care and Damage to client property
Whilst every care is taken in the handling of the Customer’s property, the Company accepts no responsibility whatsoever for any loss or damage, howsoever caused, or any other loss by unforeseen circumstances whilst they are in the custody of the Company. Liability for such loss or damage will be limited to the replacement cost of the materials or media and in no circumstances will any liability attach to any claim for the value of the content.
Right of Assignment
The Company retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions.
Expenses
The Company retains the right to charge out-of-pocket expenses incurred in providing the product(s) or service(s) – subject to being able to provide the Customer with proof of expenditure. All out-of-pocket expenses will be charged at cost.
Confidentiality
Unless otherwise agreed the Company will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by the Company to supply of the product(s) or service(s).
Basis of law
These Terms and Conditions and any accompanying letter and/or contract are governed by the laws of the State of Minnesota, as well as in the United States of America.
policy and Procedures
WHO IS REQUIRED AT DAY OF SHOOT?
If shoot is of those under the age of 18 (directed more at those who are engaged young or doing a couple shoot), a parent or legal guardian must be at the shoot day of & those who are required to be shot must be there day of @ time agreed to.
DUTY OF CARE
We, respecting the Law of Negligence and Limitation of Liability Act 2008, ensure we uphold our duty of care and kindness to others. We respect boundaries and ensure services provided by R. Tyler Films are carried out in a respectful manner resulting in the clientele feeling safe and at ease.
CANCELATION FEE
Cancelation of booking will result in no return of deposit taken the day OF booking - we encourage that you double check your schedule to avoid further issues. Cancelation within 48 hour before the event/location shoot will result in a fee of $200 due to loss of service for R. Tyler Films. Within 48 hours of booking, no fee will be charged and if date is not taken, all will be resolved. If date is taken, cannot refund deposit.
LATE ON DAY
Being late on date results in $20 per half an hour - and may result in cut off shooting time. Our price of service will not change for the time that has been reduced due to late appearance. Failure of arriving on date will (before 48 hours of event) result in a fee of $400.
RESCHEDULING POLICY
Once you have payed your 20% deposit for the date/time chosen, and you have potentially changed your date, we are able to analyse our schedule to see if the date you are after is free (within 48 hours after booking only) although if it is not (Due to running a schedule and respecting those who have booked in advance), we will not refund our deposit. The issue will then convert into a cancelation.
REVISION OF EDITING ON PHOTOS/VIDEO
Each package includes an assigned amount of revision before there will be a charge. Majority of packages have 1 to 2 revisions - after those revisions have been made and you are still not exceptionally happy, the fee will be between $100-250 depending on the amount of imagery/videos that will need to be re-edited.
STORAGE OF IMAGERY AND VIDEO SERVICES WITH YOU
Storage of all raw files will be kept between 6 months- to a year after day OF service. Once 6 months to a year has past, we remove all raw files from our system to provide storage to our systems. We only keep chosen, edited imagery for our personal use. For this reason, we do advice you backup your imagery, print and store them in a safe place.
THE FORM OF OUR IMAGRY/VIDEO FILES PROVIDED TO YOU
Due to our branding, we only provide you with our edited files. No raw files will be given to our clientele to ensure our editing style remains consistent and that our merchandise reputation remains.
DELIVERY OF FINAL PRODUCTS
The majority of our packages include a waiting period of up to 4-6 weeks for the final product.
PERSONAL CAMERA POLICY
Those who attend the shoot are not allowed to use their personal mobiles or cameras to shoot the day OF; unless the photos/videos are off behind the scenes.
COPYRIGHT
The United States copyright policy protects R. Tyler Films reputation and their creative processes/content - rights to all that is produced. Violations include, but are not limited to, editing over edited and produced photos of R. Tyler Films, making physical copies of digital or printed imagery (as well as recorded video), scanning imagery, printing from home, screen-shotting or downloading from our website and other media platforms (without written consent from R. Tyler Films, further than a signature as there can be potential forgery).
REVISITING PRICING
Between 6 months and a year, R. Tyler Films always revisit package pricing and hourly rate. If there seems to be slight changes in our pricing over months and years - it is due to re-evaluation and discussions with accounting professionals. Although, the price assigned to you @ time OF booking and signing contract for the service - the price assigned will remain the same even if changed after contract.
PRICING ON PACKAGES
Those sent a package - and who carry the PDF, file or imagery must show the complete PDF provided by R. Tyler Films, or signed Contract. This is due to having a pricing policy assigned to each file. This is to ensure our “revisiting pricing” policy remains intact.
PROTECTING YOUR PRIVACY
Our aim is to protect and maintain the privacy, and security of your personal information All Banking Information or Personal information discussed amongst R. Tyler Films and Client will be confidential (unless otherwise stated)- and if any paperwork or written information of monies exchanged (i.e. Credit Card Information or Personal Checks - it will be stored correctly and safely.
CREDIT & RESPECT OF CONTENT
You as the customer respect to give credit on behalf of our (R. Tyler Films) work, when posting to social media such as Facebook, Instagram, Twitter, Tumblr and more. We also wish out of respect that nobody shall edit or alter our work.
PUBLIC LIABILITY WAIVER
When working with R. Tyler Films, we are a company of freelance and teamwork. If there is any risk involved or injury at sign of site, we will provide you with an alert and general analysis of location. Although, if any injury sustains at location or premises, R. Tyler Films will not be held accountable for loss, damages and injury.
RIGHT TO REFUSE SERVICE
If we, R. Tyler Films, feel uncomfortable or unsafe in the environment, we have the right to leave the premises /refuse service. This is in relation to situations that include violence, hazards, any form of abuse (verbal, physical and such) as a right to remain safe and stable.