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TERMS OF SERVICE
Updated Dec. 2021
Welcome to imperialimage.co! These Terms of Use (“Terms”) create a legal Agreement (this “Agreement”) between the Revel Marketing, imperialimage.co and the user of the service entering into this Agreement (“you” or “your”). Imperial’s website, imperialimage.co is available by desktop or mobile web, or smartphone application, (the “Site”) and controlled by Revel Marketing Inc. (“we,” “us” or “Revel”). This Agreement governs your use of the Site and the services, features, products and information available on the Site, along with associated and successor websites, applications, features, information, and services, or any part thereof (the “Service”).
The Site is provided as a service to our customers. Your use of the Site is governed by these Terms. By using the Site, you agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, we encourage you to review the Terms whenever you use or access the Site. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
By accepting these terms and conditions through your use of the website, you certify that you are 18 years of age or older. If you are under the age of 18 but at least 13 years of age, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions.
Changes to this Agreement
We reserves the right, in its sole discretion, to change, modify, add to, supplement or delete any terms and conditions of this Agreement (including the Privacy Policy, which is incorporated into and governed by this Agreement) at any time; provided, however, that Revel will use reasonable efforts to provide you with notification of any material changes (as determined in Revel’s sole discretion) by email, postal mail, website posting, pop-up screen, or in-Service notice. You should visit this page whenever you use the Service to review this Agreement and learn if any terms have changed. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must immediately stop using the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete acceptance of any and all such changes.
Content Permission & Restrictions
Unless otherwise noted, the design of the Site, including the software, source code, text, images and all other content and materials that are part of the Site (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled, or licensed by us. The Content is intended solely for your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to you as a result of your use of the Site.
Certain parts of the Site may allow you to share Content with your friends on social media platforms. These features grant you a limited license to display the Content as directed, and you understand that you have no other right, title, or interest in or to the Content.
Except as noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Site. Your misuse of the Content is strictly prohibited and may subject you to liability under federal, state, or international laws.
Ownership of Intellectual Property
Unless otherwise specified in writing, all Content and other materials that are part of the Service are owned, controlled, or licensed by Revel is protected by United States Copyright Laws (USC Title 17). You hereby waive any claims for ownership, income, editorial control, and use of the video. Violation of the aforementioned federal law shall be subject to civil and criminal penalties. The entire Contents of the Service are copyrighted under the U.S. copyright laws and/or similar laws of other jurisdictions. Revel, and the Revel logos, are trademarks of Revel and may not be used without the express written permission of us.
You do not acquire any ownership rights by using the Service, or by copying or downloading material from the Service.
You agree not to copy, redistribute, publish or otherwise exploit Content, except as expressly permitted herein, without the express prior written permission of us.
You hereby grant to Revel a limited, non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers), and transferable right and license to use all comments, feedback, blog or forum statements, suggestions, ideas, emails, and other submissions disclosed or submitted to Revel in connection with your use of the Service, including through the Public Areas (collectively, “Submissions”) in any manner Revel may desire, including, but not limited to, to make, have made, use, sell, offer to sell, import, reproduce, modify, create derivative versions of, distribute, publicly display and publicly perform such Submissions, in any and all forms and media now known or hereafter devised, without compensation to you and without identifying you as the creator. You agree that the provisions in this section will survive any termination of your account(s), the Service, or this Agreement.
You agree to include, and to not remove or alter, Revel’s trademark, copyright or other proprietary rights notices, as provided by Revel on or in connection with the Service, when using or sharing content, or otherwise using the Service, and you agree to comply with usage guidelines that may be provided by Revel from time to time. You agree that all goodwill that arises in connection with your use of Revel trademarks inures exclusively to Revel, and you agree not to challenge Revel’s ownership or control of any Revel trademarks, nor use or adopt any trademarks that might be confusingly similar to such Revel trademarks.
Accuracy of Information on the Site
We do our best to ensure that information on the Site is complete, accurate and current. Despite our efforts, however, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
Registration, Accounts and Passwords
You are responsible for the personal protection and security of any password or username that you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, usernames of accounts and other information to comply with applicable laws and lawful government requests.
Shipping Limitation
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Site. You are responsible for contacting our Customer Service regarding any claims for damaged and/or lost shipments.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss, damage to and title for the order pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the order was delivered.
Delivery dates and estimates are, however, not guaranteed. You disclaim any liability or responsibility, and you shall hold us harmless, for the late or non-delivery of the order. You have no right to delay or defer delivery or acceptance.
We are not responsible for the packaging and shipping of the order. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for order that are delivered after the estimated delivery date. In case of there’s any delivery estimate given at the time of placing and confirming order, it can be subject to change.
Email Communication
By making a purchase on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s).
Confirmation of Orders
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. We are not responsible in the event of any wrongful data from your information.
Cancellation or Refusal of Orders
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Merchandise & Availability
The merchandise sold through the Site is intended to comply with U.S laws and regulations. If you are a non-U.S based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S.
Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability by calling Customer Service at 0-000-000. You will receive a shipping confirmation e-mail once your items have shipped. Click here for more information on shipping.
Payment
Subject to this Terms and the Services Agreement, all payments due shall be made by Apple Pay, Visa, Mastercard, or PayPal that you’re authorized to use. All fees shall be charged to your payment method. All payments hereunder shall be made in U.S. dollars.
Services or merchandise not included in the initial agreement shall be sold at the current price at the time an order is placed. You also agree that all prices are subject to change at any time without notice.
Credit
In the event that you reschedule the date of the Service and is approved by the us, you shall receive credit for all the fees already paid. The credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the us. Both parties may be required to sign a new agreement.
In the event that you reschedule the date of the Service and is not approved by the us, you accept to forfeit the retainer stipulated under the Service Agreement but shall receive a credit for all remaining fees paid. The credit may be applied to wedding coverage under this Terms and the Service Agreement within one year of the original date of Services subject to the availability of us.
Gift Cards
We offer gift cards that you can purchase. The gift cards shall be used no later than 1 (one) year after the purchase date. The gift cards could be used towards the total package but not including the retainer payment as stipulated in this Terms and the Service Agreement provided under this Site.
Customization
The Service offered under this Terms is tailored for each and every one of your needs. Once you’ve placed an order, you might no longer be able to edit the order details or cancel it. In the event of any issue, you should contact our Customer Service. Your order is purchase of a Service for which you have paid the applicable fee and/or other charges that we have accepted and received. You are responsible to make sure you submit the correct order details at checkout.
Release
This Terms serves as a model release giving the us an irrevocable right to use the video in all forms and all media and all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. We can grant use of the video to third parties and all compensation for use and credit for the video remain the property of the Revel. You hereby waive any right to inspect or approve the video, finished version(s) incorporating the video, or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the you, your legal representatives, heirs, and assigns.
User Comments
From time to time, we may allow users to post comments, suggestions, ideas, materials, and other submissions (“User Comments”) on the Site. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss, or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential, or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to be in violation of the above.
Links to Third Party Site
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by us of the content or materials on these websites. Your access to these third-party websites is at your own risk and we will have no liability arising out of or related to such websites or your access to or use of such websites.
Prohibited Uses of Site
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.
Disclaimer of Warranty
You expressly understand and agree that your use of the Site is at your sole legal risk and the Site is provided on an “As is” and “As available” basis. Revel and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors, to the fullest extent permitted by applicable or mandatory law, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non- infringement. In particular, Revel and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (a) the Service will meet your requirements; (b) your use of the Site will be timely, uninterrupted, secure or error-free; (c) any information obtained by you as a result of the Service will be accurate or reliable; and (d) any defects or errors in the software provided to you as part of the Service or the Service itself will be corrected.
Any material or content transmitted, stored, accessed, or otherwise maintained through the use of the Site is done so at your own discretion and risk, and you will be solely responsible for any damage to your device or loss or corruption of data that results from any such use of the Site. You further acknowledge that the Site is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Site could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from Revel or through or from the service shall create any warranty not expressly stated in these terms.
Limitation of Liability
You expressly understand and agree that Revel and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, loss of business opportunities, goodwill, use, data, cost of procurement of substitute goods or services, or other intangible losses (even if Revel has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the Site; (b) any changes made to the Site or any temporary or permanent cessation of the Site or any part thereof; (c) the unauthorized access to or alteration of your transmissions or data; (d) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the Site; (e) statements or conduct of any third party on the service; and (f) any other matter relating to the Site.
Indemnification
You agree to defend, indemnify and hold Revel, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable lawyer’s fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Site; (b) your use of the Site; (c) any violation by you of these Terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these Terms and/or your use of the Site.
Jurisdiction
These Terms shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Force Majeure
If a party is prevented in whole or in part from carrying out its obligations under this Agreement as a result of Force Majeure, it will promptly notify the other party accordingly. The notice must:
Following a notice in accordance with this Terms and while the Force Majeure continues, the obligations which cannot be performed because of the Force Majeure will be suspended, other than obligations to pay money that is due and payable.
The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must remedy the Force Majeure to the extent reasonably practicable and resume performance of its obligations as soon as reasonably possible.
The party that is prevented from carrying out its obligations under this Agreement as a result of Force Majeure must take all action reasonably practicable to mitigate any loss suffered by the other party as a result of the party’s failure to carry out its obligations under this Agreement. The term of this Agreement will not be extended by the period of Force Majeure.
Release
You forever release, discharge, and covenant not to sue the Revel from any and all liability, claims, actions, and expenses that may arise, whether caused by the negligence of the Revel or otherwise, in connection with your use of the Service or your interaction with any party through or as a result of the Service. In other words, you cannot sue the Revel if anything happens to you or your property from using the Service or interacting with any party through the Service. You agree that the provisions in Limitation of Liability and Release section of this Agreement will survive any termination of your account(s), the Service, or this Agreement.
Dispute Resolution
Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both you and Revel agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on this Websites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“dispute”), the party asserting the dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the dispute, and allowing the receiving party 30 days from the date of mailing to respond to the dispute. Notice shall be sent to: Revel Marketing Inc., Customer Service, _________ (address, e-mail, PO-Box).
Unless you indicate otherwise in your notice, Revel shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
In the event that Revel is unable to resolve the dispute with you through the Customer Service department referenced above, you and Revel both agree the parties shall resolve their dispute utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit.
Waiver/Severability
The failure of Revel to require or enforce strict performance by you of any provision of this Agreement or to exercise any right under any provision of this Agreement will not be construed as a waiver or relinquishment of Revel’s right to assert or rely upon any such provision or right in that or any other instance.
You and Revel agree that if any portion of this Agreement is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision will, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of this Agreement, which will continue to be in full force and effect. If the Dispute Resolution section of this Agreement is found to be illegal or unenforceable then neither you nor Revel will elect to arbitrate any Dispute falling within that portion of the section and such Dispute will be decided by a court of competent jurisdiction within New York, New York, and you and Revel agree to submit to the personal jurisdiction of that court.
Term and Termination
This Agreement will remain in effect as long as your account is up-to-date and you remain in compliance with the terms hereof, unless it has been voluntarily suspended or terminated by you or Revel. You may terminate this Agreement by destroying all Service-related materials obtained from the Service, Revel or any other web site or source. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from Revel if, in our sole discretion, you fail to comply with any term or provision of this Agreement or for any reason in Revel’s sole discretion. Following the termination of this Agreement, your account(s), or the Service, Revel shall retain all rights to the Submissions pursuant to this Agreement.
Resale of Product & Order Acceptance
The Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. In addition, we do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by us. We reserve the right to immediately bar access to the Site and terminate the account of any user who violates this provision.
Privacy Statement
We are committed to protecting the privacy of the visitors to the Site. For information on how information is collected, used, or disclosed by us in connection with your use of the Site, please consult our Privacy Policy.
Customer Service
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service.
WEDDING SERVICES AGREEMENT
This Wedding Services Agreement, hereinafter referred to as “Agreement“, is entered into and made effective as of the date set forth at the end of this document by and between the following parties:
Revel Marketing Inc., a corporation, incorporated under the laws of the state of New York, having its principal place of business at the following address: 219 Adirondack Dr Selden, NY 11784, in this matter is being represented by [name] in their capacity as Director (hereinafter referred to as “Company” or “First Party”); and
(insert name), an individual, with a principal place of business at the following address: (address) (hereinafter referred to as “Client” or “Second Party”); and
Hereinafter, “Company” will refer to and be used to describe the following party: Revel Marketing. “Client” will refer to and be used to describe the following party: imperial image. Company and Client may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS:
Whereas, Client wishes to retain the Company for certain photography and/or videography services (the “Services”) as described below regarding the following specific services that the Company shall provide to the Client;
Whereas, Company has the skills, qualifications, and expertise required to provide the Services to the Client;
Whereas, Company wishes to render such Services to the Client.
Therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
As used in this Agreement:
Date of Services: [wedding date]
Subject to the terms and conditions of this Agreement, Company hereby agrees to render the Services to Client and the Client agrees to pay Company the Fees required for the Services.
A Retainer of $500.00 is required to reserve all bookings. The Retainer is a one-time fee and non-refundable. Until the Retainer is paid, the Client could not reserve any date and place for the Services. Only after the Retainer fee is received by the Company, the Client may reserve a date and place for the booking of the Services. In the event of failure of the Client in paying the Retainer, the Company shall terminate the Agreement with no further obligation.
For the remaining amount, the Client shall pay in full at the Date of Services.
Interest payable on any overdue amounts under this Agreement is charged at a rate of 5% of the Fees.
All payments due under this Agreement shall be made by Apple Pay, Visa, Mastercard, or PayPal. All payments hereunder shall be made in U.S. dollars.
Services or merchandise not included in the initial agreement shall be sold at the current price at the time an order is placed. The Client agrees that all prices are subject to change at any time without notice. The credit vouchers have no intrinsic cash value and may only be applied toward merchandise purchased from the Company.
In the event of cancellation before the Date of Services, the Company shall keep the Retainer and no refund shall be made. Cancellation shall be made in writing, signed by the Client, and sent via Certified Mail by the United States Post Office. If the Client fails to provide the written cancellation as specified before the Date of Services or cancels within 30 days of the aforementioned date, the Client shall be required to pay the full balance due of the Fees.
In the event that the Client reschedules the Date of the Services and is approved by the Company, the Client will receive credit for all the fees already paid. Both of the Parties may be required to sign a new agreement. The new package price shall reflect pricing in accordance with the new date requested.
In the event that Client reschedules the wedding and is not approved by the Company, Client accepts to forfeit the Retainer but shall receive a credit for all remaining fees paid. The credit may be applied to wedding coverage within one year of the original Date of Services subject to the availability of the Company.
Reschedule shall only be accepted if it is within 6 (six) months of the original date.
In the unlikely event that the Date of Services is affected by a pandemic, the Client shall have 60 days to reschedule the event before losing the Retainer. The Client should contact the Company in the case of the aforementioned happen.
All custom packages are created at the time of booking. The Client is responsible to select which options to be featured in the package. All base packages are strictly for coverage only. If the Client would like a cinematic film or any other options, the Client should select the addition to the base package.
Any employee of the Company shall be the exclusive cinematographer or photographer retained for the Services contracted under this Agreement except agreed otherwise. The Company may bring one assistant at their own discretion. Photographers and other vendors, as well as semi-professional photographers or cinematographers, shall not obstruct or interfere with the official cinematographer during formal sessions of the Date of Services. During the Date of Services, wedding guests may take photos and video, but the Client has a responsibility to keep the guests from interfering with the cinematographer’s duties. The cinematographer is not responsible for compromised coverage due to causes beyond his/her control such as other party’s camera or flash, the lateness of the bride or groom, family members and bridal party members or other principles, weather conditions, schedule complications, rendering of decorations, or restrictions of the venues or officiate. The cinematographer is not responsible for existing backgrounds or lighting conditions, which may negatively impact or restrict the cinematography coverage.
The Client agrees to confirm the schedule one week prior to the event Date of Services and to send the cinematographer a copy of the invitation prior to the event. Notification of any changes in schedule or location must be made in a timely manner. Changes can be made by phone with a follow-up email for documentation. If an email is sent, confirmation of receipt must be obtained.
The Company is not responsible for any missing portraits in the event of failure from the Client of not submitting and finalizing the list of the portraits at the latest of 1 (one) week before the event Date of Services.
During the Date of Services, the Client shall ensure there is no inappropriate behavior from all of the guests or any third party at the events covered by the Company. In the event of inappropriate, threatening, hostile, or offensive behavior from any of the guests or any third party during the Date of Services at the event (including, but not limited to, unwelcome sexual advances and verbal or physical conduct of a sexual nature) experienced by the Company or the employees of the Company, the Company shall process with the following steps:
The Company shall provide coverage for the dates, locations, and continuous hours specified in the Date of Services in this Agreement. Additional travel or coverage hours may be added by agreement on the Date of Services and must be paid in full before any videos or products are released to the Client. Every reasonable effort shall be made to take requested videos, but no specific pose or video can be promised. Any lists supplied shall be used for organizational purposes only. The Company makes no guarantees either expressed or implied in regard to the aesthetic qualities of the completed video production. The Company makes no guarantees concerning any particular effect, technique, interview, or special request. In the event that a particular segment or event is not recorded, or partially recorded, or not part of the edited master video/DVD, it is at the sole discretion of The Company as the exclusive producer of the event video. Video determined by the Company to be substandard or duplicated may be edited out. The Company shall use their professional judgment and sole discretion to select which video to deliver. Such selection shall constitute all videos that shall be made available to the Client.
Unless agreed upon prior to any editing work, the Company shall edit the film based on their professional judgment and sole discretion. The Client shall be allowed one round of complimentary revisions for each individual film (highlight, full length, etc.). The Client may request further changes for an additional charge. All editing is done and completed within six months of the Date of Services.
Upon receipt of video media, the Client accepts all responsibility for archiving and protecting the media. The Company does not permanently archive video files unless the Client agrees to additional cloud storage services at a yearly rate. The Company is not responsible for the lifespan of any digital media provided or for any future changes in digital technology or media readers that might result in an inability to read discs provided. The Client agrees to take responsibility to make sure that digital files are copied to new media as required.
This Agreement serves as a model release giving the Company an irrevocable right to use the video in all forms and all media and all manners, without any restriction as to changes or alterations, for advertising, trade, promotion, exhibition, or any other lawful purposes. The Company can grant use of the video to third parties and all compensation for use and credit for the video remain the property of the Company. The Client waives any right to inspect or approve the video, finished version(s) incorporating the video, or the use to which it may be applied, including written copy that may be created and appear in connection therewith. This release is binding on the Client, their legal representatives, heirs, and assigns.
All videos taken by the Company are property of such, will remain property of the Company, and is protected by United States Copyright Laws (USC Title 17). The Client hereby waives any claims for ownership, income, editorial control, and use of the video. Violation of the aforementioned federal law shall be subject to civil and criminal penalties.
Client warrants that he/she has the legal rights to anything the Company shall film, including photos, musical recordings, videotapes, or any other materials delivered to the Company for inclusion in the Client videotape. The Client agrees to indemnify and hold the Company harmless for any loss, damage, or liability for infringement of any rights arising from the use or sale of tapes the Client hired the Company to produce, edit, or duplicate. The final product (e.g. video/DVD/Blu-Ray) is intended only for the personal home viewing of the Client.
The Client agrees to purchase DVD/Blu-ray/Digital copies directly from the Company. The Client agrees not to rip, copy, or reproduce video in any manner without written permission. Rip shall refer to making a copy from the original delivery to a digital file. Should the Company become aware of reproduction without permission, the Client shall be required to pay a usage fee of $300 per 10-second video, per usage to the Company. If digital files are purchased, a written release shall be supplied with those files. The release grants the Client the right to reproduce the video provided for their personal use only and does not allow the video to be altered, sold, or published. The Client further agrees not to supply video to any third parties including but not limited to vendors associated with the event.
All footage shot by the Company shall not be accessible to the Client unless previously outlined in the package prior to signing the contract. The Client will have the option to purchase all raw footage within six months of final delivery. The Client is also prohibited from doing re-editing using footage shot by the Company. The Client acknowledges that the footage captured on the Date of Services event is not part of any of the pre-packages. In the event of the Client wants to purchase the raw footage separately, there is a transfer fee and hard drive cost. Raw footage is available as an additional option on the Company’s custom packages.
All cinematography pre-packages come with drone footage. All drone footage is weather-dependent. If the Company can fly safely and the Client booked a cinematographer package, the Client have drone coverage of the event.
Any termination to the Services provided under this Agreement is subject to Sections 3 and 4 of this Agreement.
Except in cases of death or personal injury caused by either Party’s negligence, either Party’s liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Company. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business. This limitation of liability further applies to any loss/damage of video or failure to deliver video for any reason. Liability for a partial loss of video shall be pro-rated based on the percentage of the total. The sole remedy for any actions or claims shall be limited to a refund whose total amount cannot exceed the total paid by Client under this Agreement during the time preceding the date on which such liability arises.
The Client hereby agrees to indemnify the Company against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of the Services rendered under this Agreement, or any transaction or matter connected with the Services or the relationship between Company and Client arising out of the fault of Company. This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss.
Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.
In the performance of its obligations hereunder, the Company shall have the right, in its sole discretion, to subcontract its rights and responsibilities to any third party, provided that the Company shall remain responsible for the performance of any such third party.
This Agreement shall be governed in all respects by the laws of the state of New York and any applicable federal law. Both Parties consent to jurisdiction under the state and federal courts within the state of New York. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. Both of the Parties hereby unconditionally waive their right to a jury trial of any and all claims or causes of action arising from or relating to this Agreement.
All communications made or notice given pursuant to this Agreement shall be in the English language.
This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by either Party.
This Agreement may be amended or modified from time to time only by the written agreement of all the Parties. Each such instrument shall be reduced to writing and shall be designated on its face as an amendment to this Agreement. Notwithstanding anything in the foregoing to the contrary, any amendment executed by the Party or any of its subsidiaries shall not be effective unless and until the execution of such amendment has been approved by both of the Parties.
None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.
Any part, provision, representation, or warranty of this Agreement, which is prohibited, or which is held to be void or unenforceable shall be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof. Any part, provision, representation, or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction as to any Mortgage Loan shall not invalidate or render unenforceable such provision in any other jurisdiction. To the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in good faith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.
This Agreement (including all agreements entered into pursuant hereto and all certificates and instruments delivered pursuant hereto and thereto) constitute the entire agreement of the Parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, understandings, negotiations, and discussions between the Parties, whether oral or written.
Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the agreement, which may be the later date.
The Company shall have no liability to the Client under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs, or other industrial disputes (whether involving the workforce of the Seller or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of the third party. In any of the aforementioned cases, it shall be resolved by discussion and the Company shall be exempted from any civil and criminal charges.
Any notice given under the Agreement must be in writing (whether or not described as “written notice” in the Agreement) and must be delivered personally, sent by recorded signed-for post, or sent by fax or email, for the attention of the relevant person, and to the relevant address or fax number or email address given below (or as notified by one party to the other in accordance with this Clause).
The Seller: imperial image, 631-513-3292, e-mail brian@brianb103.sg-host.comm.
The Buyer: [full name]
The Parties agree that during the term of this Agreement, they are likely to obtain, have access to, or become aware of information and materials that each party deems to be confidential, proprietary, or of strategic importance, including without limitations, the Product, all data, trade secrets, knowledge, information, technology, designs, systems, techniques, methods, processes, know-how, business projections, and intellectual property, marketing and sales information, information about the business of each of the Parties and their affiliates whether or not reduced to writing.
The Parties acknowledge that the success, profitability, and competitive position of each of the Parties require that strict confidentiality be maintained at all times with respect to all confidential information and that any breach of such confidential information is capable of causing substantial damage to any of the Parties. The Parties agree to:
IN WITNESS WHEREOF, the Parties have duly affixed their signatures under hand and seal on this [date].