Terms & conditions
The following terms and conditions of business (the “Conditions”) shall apply to all bookings made by Client(s) for the provision of media products and/or services (the “Services”) by RIVERCOVE Films:
These Conditions supersede and replace all previous terms and conditions notified and agreed between the parties. The agreement of both parties in writing is required before these Conditions may be altered.
The Conditions shall be deemed to be accepted by the Client(s) submitting a booking form to RIVERCOVE Films; and/or by the Client(s) making payment of the deposit payable in respect of the Services.
It is the responsibility of the Client(s) to ensure all necessary permissions, permits etc. which may be required by RIVERCOVE Films to photograph/video the event have been obtained.
The Client(s) grants RIVERCOVE Films artistic licence in regards to all aspects of the delivery of the Services. The judgement of RIVERCOVE Films regarding the delivery of the Services taken shall be deemed correct.
Photographs/Video taken during the course of a booking will be at the discretion of RIVERCOVE Films, although every effort will be made to comply with the Client(s) requirements. The Client(s) accepts that due to the vagaries of the weather and willingness of the subjects it may not be possible to capture all images/video requested
Unless otherwise stated in the booking form, RIVERCOVE Films retains copyright in all of the original media content it creates including but not limited to video recordings, graphics, soundtracks, printed material and any other design or artwork commissioned by the Client(s) in relation to the booking. Raw footage / files can be requested and a quote for license/rights to use these will be raised by RIVERCOVE Films.
The Client(s) must ensure that permission is obtained for the inclusion of any copyright material it supplies to RIVERCOVE Films for inclusion in the Services. The Client(s) agrees to indemnify RIVERCOVE Films in the event of any breach of copyright claims brought against it in respect of copyright material supplied by the Client(s).
The Client(s) must ensure that all necessary arrangements have been made with, and permissions obtained from people and place that may be recorded on video as a result of RIVERCOVE Films supplying the Services and that such recording is in compliance with data protection laws.
The Client(s) consents to RIVERCOVE Films displaying or otherwise making use of any and all media content created by RIVERCOVE Films commissioned by the Client(s) in relation to the booking to generally promote the business in advertising, brochures, magazine articles and any other promotional tool as RIVERCOVE Films sees fit.
A non-refundable deposit of twenty five percent of the total fee payable for the Services shall be paid by the Client(s) to RIVERCOVE Films within fourteen days of the Client(s) placing the booking.
Payment of the remaining balance due in respect of the Services shall be made no later than 1 full calendar month prior to the date of the event specified on the booking form.
Title in respect of any and all parts of the Services remains with RIVERCOVE Films until the entire fee payable for the Services has been made in full by the Client(s).
The Client(s) shall have the right to cancel the booking. The Client(s) may exercise this right by sending a notice of cancellation, hand signed by the Client(s) to 79 Ashwood Road, Aberdeen AB22 8QX by Royal Mail Signed For post. In order to avoid malicious cancellation, any notice of cancellation that does not accord with this condition will not be accepted and the booking shall continue to stand until receipt of a valid notice of cancellation.
Should the Client(s) validly exercise its right to cancel the booking, as set out in condition 13 above, the following fees will be payable:-
(a) Twenty five percent of the total booking fee in the event the notice of cancellation is received within one week of the booking and more than six full months before the event date;
(b) Fifty percent of the total booking fee in the event the notice of cancellation is received less than six months but more than 60 days before the event date;
(c) One hundred percent of the total booking fee in the event the notice of cancellation is received within 60 days of the event date.
Due performance of the Services is subject to alteration or cancellation by RIVERCOVE Films owing to any cause beyond their control (e.g. illness or injury).
In the event of cancellation by RIVERCOVE Films, its liability shall be limited to a refund of any deposit and fees paid by the Client(s) for the Services.
RIVERCOVE Films will not be responsible for photographs/video that is not produced as a result of technical failure either at the shooting or processing stage.
In the event of photographic/videographic failure, RIVERCOVE Films liability will be limited to a refund of any deposits and fees paid for the Services.
Should any digital images, recordings or other files be lost, damaged or destroyed for any reason beyond RIVERCOVE Films’ control including but not limited to theft or accidental damage, its liability will be limited to a refund of any deposits and fees paid for the Services.
The contract between the Client(s) and RIVERCOVE Films shall in all respects be governed by and construed in accordance with Scottish Law and the parties hereto submit to the exclusive jurisdiction of the Scottish courts.