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: ________. 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:

  1. Definitions

    As used in this Agreement:

    1. "Services" shall be used to refer to the following specific commercial photography, cinematography, albums, prints, and/or videos services that the Companyshall provide to the Client under the terms and conditions set forth in this Agreement.

    2. "Services Details" shall be as follows: Date of Services: ________

    3. "Fees" shall be used to refer to the payment Client will pay to Companyfor the rendering of the Services. Specifically, the fees shall be as follows: $________ (________), as a fixed fee for all Services rendered.

  2. Agreement

    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.

  3. Payment

    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.

  4. Cancellation

    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.

  5. Reschedule of Date of Services

    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 Servicessubject 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.

  6. Custom Packages

    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.

  7. Responsibilities

    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 oneweek 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.

  8. Harassment

    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:

    • If it is the first offense, the Company shall issue a verbal warning to the perpetrator party or to the Client.
    • If it is the second offense, the Company shall ask the perpetrator party to leave the event.
    • If it is the third offense, the Company shall end the event coverage immediately at the Date of Services and leave the event. The Company shall be entitled to retain all Fees paid under this Agreement and the Client agrees to relieve and indemnify the Company from the incomplete Services or coverage.
  9. Coverage

    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 Companyshall 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.

  10. Editing

    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.

  11. Media

    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.

  12. Release

    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.

  13. Copyright

    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.

  14. Property Rights

    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.

  15. Reproduction

    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 theCompany 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.

  16. RAW Footage

    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.

  17. Drone Footage

    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.

  18. Termination

    Any termination to the Services provided under this Agreement is subject to Sections 3 and 4 of this Agreement.

  19. Limitation of Liability

    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.

  20. Indemnity

    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.

  21. Relationship of the Parties

    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.

  22. Right to Subcontract

    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.

  23. General Provisions

    1. Governing Law

      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.

    2. Language

      All communications made or notice given pursuant to this Agreement shall be in the English language.

    3. Assignment

      This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by either Party.

    4. Amendments

      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.

    5. No Waiver

      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.

    6. Severability

      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.

    7. Entire Agreement

      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.

    8. Headings

      Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

    9. Counterparts

      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.

    10. Force Majeure

      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 theaforementioned cases, it shall be resolved by discussion and the Company shall be exempted from any civil and criminal charges.

    11. Notices

      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: Revel the Brand, xxx, fax 000.000, e-mail info@revelthebrand.com.

      The Buyer: xxx

    12. Confidentiality

      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:

      1. hold all of the confidential information in confidence and not to use same other than in accordance with the terms of this Agreement and performance of their obligations hereunder;

      2. not to publish or disclose the confidential information, whether directly or indirectly, or to assist any other party in doing same; and

      3. not to disclose or assist in the disclosure of any confidential information to anyone other than to each Party’s respective, employees, agents, and affiliates who have a need to know such information in order for the Parties to comply with their respective obligations hereunder, but in such event, each of the parties shall ensure that their employees, agents, and affiliates who have access to the confidential information shall comply with these provisions.

IN WITNESS WHEREOF, the Parties have duly affixed their signatures under hand and seal on this ____________ (date).








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