These terms and conditions establish a binding contract between you (hereafter referred to as the ‘Client’) and Lonely Mountain Video (also referred to as ‘we’, ‘us’ and ‘our’). Please read them carefully.
The Client and Lonely Mountain Video agree as follows:
1.1 Under Section 98 of the Copyright Act 1968 all videos produced by Lonely Mountain Video are copyrighted by us with all rights reserved. Any commercial duplication or distribution must be authorised by us. We reserve the right to use the footage/material/media, either in sections or in its entirety, for our promotional, marketing, competition and/or advertising purposes in public viewing spaces, exhibitions, internet sites, mobile devices and print media.
1.2 Videos produced by Lonely Mountain Video for the Client can be duplicated and used by them in any non-commercial way, without modification (e.g. shared with your friends and family online).
1.3 In the event of the Client providing digital media (video, audio, photographs, logos, etc.) for inclusion in their video project, copyright must firstly be obtained from the original copyright owner/media provider. In order for Lonely Mountain Video to use this material the copyright must be explicitly transferred to us or the material provided to us free of charge and the Client must indemnify us against any future possible claims, disputes, expenses or similar that may arise from a third party concerning usage of such material.
2. Permission to record people
2.1 Unless such services are arranged to be provided by Lonely Mountain Video, it is the sole responsibility of the Client to secure permission of any person who is filmed and/or recorded by us. No discounts or refunds will be issued nor liability accepted by us if a person refuses permission to show their image or use their audio in whatever form.
3. Permission to record places
3.1 Unless such services are arranged to be provided by Lonely Mountain Video, it is the sole responsibility of the Client to secure permission of the venue for us to set up video equipment and record audio and/or video with or without flash and/or lighting. No discounts or refunds will be issued nor liability accepted by us if a venue refuses permission to show their image or use their audio in whatever form.
4.1 A non-refundable deposit equivalent to 50% of the quoted production cost is invoiced upon the Client agreeing to hire the services of Lonely Mountain Video. Booking is confirmed once payment is received. We will reserve the necessary shoot date/s for the client for up to two weeks until the deposit amount is transferred. If payment is not received in this time the Client understands the requested shoot date/s may be forfeited to another party.
4.2 We will reserve the requested shoot date/s for the client for up to two weeks until the deposit amount is transferred. If payment is not received in this time the Client understands the requested shoot date/s may be forfeited to another party.
4.3 Other than the situations detailed in Terms 4.4 and 4.5 the remaining balance is invoiced once the Client has previewed and approved the end product and must be paid before the end product can be delivered to the Client.
4.4 In instances where only raw footage has been requested the remaining balance is invoiced once the shoot is complete and must be paid before the footage can be delivered to the Client.
4.5 In instances where only editing is required (i.e. no filming) the full cost must be paid up front before we can commence work on the project.
4.6 The Client understands that additional charges may be incurred depending on changes to the post-production schedule (e.g. if additional DVDs are requested). The additional amount must be paid before the Client can receive the product.
4.7 A travel charge will be included in the quoted price if any of the shoot locations is outside the Perth metropolitan area. As of April 2013 this travel charge is $0.90c per kilometre travelled outside the Perth metropolitan area.
4.8 Any fees that must be paid by us in direct correlation to the provision of services (including but not limited to parking and/or admission fees and overnight accommodation) must be paid by the Client and will be invoiced once filming is complete.
4.9 In the event of the Client not paying the invoiced amount by the due date an interest rate of 10% per annum will be charged on the outstanding amount, calculated monthly. For example if a Client does not pay an invoiced amount of $1500.00 by the due datethe annual interest would be $150.00. This amount would be divided by 12 to get a monthly overdue charge of $12.50.
5. Changes to the filming and editing schedule
5.1 In the event Lonely Mountain Video is notified of a change of date, venue or service, we will make all efforts to facilitate the change. If, however, we are unable to facilitate the change, the Client will forfeit fees as follows;
a) More than 6 months prior – Full deposit is refunded to the Client.
b) Less than 6 months prior – Full deposit is forfeited by the Client.
5.2 If the Client requires Lonely Mountain Video to work outside the agreed time frame on the day of filming this must be requested and agreed upon no less than 2 weeks in advance. Any additional hours on top of the agreed time frame requested by the Client on the day of the filming will be billed at $150.00 per hour per videographer unless the reason for the change is an error on our behalf.
5.3 It is the Client’s responsibility to provide Lonely Mountain Video with specific requests and/or ideas for their video project no more than 24 hours after filming is complete. We reserve the right to refuse to implement any specific requests and/or ideas (depending on their scope and impact on the video project) if they are not communicated to us before this time.
6. Shooting conditions
6.1 Lonely Mountain Video guarantees coverage of all events only within the bounds of any restrictions imposed by present parties and the constraints of the physical environment, safety, weather and acts of God. We cannot guarantee coverage of outside events during inclement weather. Unless otherwise stated, the Client is responsible for organising adequate shelter from inclement weather and extreme temperatures for us to operate. If we determine that the safety of our equipment may be compromised, we reserve the right to change the date of filming to a more suitable day.
6.2 Lonely Mountain Video will abide by all rules of the venue and/or directions of staff and/or facility coordinator/s in regard to camera or lighting set-up and will not be held responsible for restriction of coverage due to such rules and/or directions, or due to interference by any parties present.
6.3 Lonely Mountain Video maintains a high standard of equipment. The Client acknowledges that factors out of our control, including but not limited to; insufficient lighting, signal loss, card and battery swaps, equipment malfunction or other defects may result in coverage loss or less than ideal quality footage and/or audio and will not hold us accountable.
6.4 The Client understands that film techniques often require multiple takes and that patience and time is required for set-up of shots to make them perfect. The quality and quantity of shots is correlated to the amount of time you allot for this shoot and the location/s you select.
6.5 The Client acknowledges that while Lonely Mountain Video tries its best to be discrete in its provision of services, coverage and positioning is ultimately up to the videographer’s professional expertise. At times, guests’ or others’ views may be obscured.
6.6 The Client acknowledges that guests’ unwillingness to cooperate with Lonely Mountain Video may result in insufficient or undesirable coverage of requested shots/interviews or provision of services.
6.7 Lonely Mountain Video will try as best as possible to cover personally requested moments, people, celebrations and shots but will not be held accountable for omission or artistic difference of opinion on any of the requests.
6.8 The Client understands that filming services will be provided by a single videographer unless otherwise stated. Additional charges apply if more than one videographer is required.
7. General Liability
7.1 Any equipment stolen or damaged beyond normal wear and tear as a direct result of malicious acts or negligent behaviour by the Client or attendees at the event, the Client will agree to pay any and all repair or replacement costs. Lonely Mountain Video reserves the right to withhold funds, refuse service and cease post-production work until these costs are paid. If the costs are not paid, the amount can be deducted from the remaining balance. If the post-production charges are not enough to cover the cost for repair/replacement, the Client will be billed for the excess costs and post-production will not take place. Unaffected services will be charged normally.
7.2 Any equipment damaged, broken or lost by Lonely Mountain Video resulting in lost footage (captured or un-captured) may entitle the Client to a partial or full refund of a service. Refund amount is calculated by the approximate percentage of the project that was not able to be carried out at our full discretion.
8. Health and safety
8.1 In all instances Lonely Mountain Video reserves the right to remove ourselves and/or equipment from a location if it is deemed unsafe or if we are subjected to abusive or aggressive behaviour. In this instance the Client will be liable for any costs incurred as a result of this.
9. Live streaming
9.1 Lonely Mountain Video uses portable modems utilising 4G technology and guarantees their functionality for 720p live streaming. Despite this, the Client acknowledges that occasionally, due to circumstances outside our control, our 4G internet connection may experience interruptions as a result of high local network usage, location or other factors, and that this can result in an interrupted live stream. The Client will not hold Lonely Mountain Video liable for any interruptions to the high audio and video quality typically achieved throughout a live stream, with the understanding that we are constantly monitoring the output quality of the stream for any artefacts and will do everything we reasonably can to re-establish a smooth streaming experience for your viewers as soon as possible should an artefact be detected.
10. Approval/amendment of video project
10.1 Lonely Mountain Video will endeavour to make an evaluation copy of the Client’s video project available online for the Client’s appraisal no more than three months after filming for the project is complete though we are usually able to make the evaluation copy available before this time.
10.2 If custom royalty-free music is required to be purchased by Lonely Mountain Video for the Client’s project and if, upon presentation of the evaluation copy, the Client does not like the music, Lonely Mountain Video is not obligated to purchase a different piece of music and the Client will be able to make a selection from the Lonely Mountain Video music library only. Special circumstances may also apply if the Client owns the license to their own music.
10.3 Desired changes must be described as clearly as possible with reference made to start and end times where applicable. The Client understands that if the amended product does not meet their expectations because the Client, at the full discretion of Lonely Mountain Video, failed to provide sufficiently detailed instructions,then we are not in any way obligated to provide another complimentary round of re-editing and the Client will be charged for these services if requested.
10.4 Desired changes must be communicated to Lonely Mountain Video within 14 days of the evaluation copy being made available for the Client’s appraisal. If these changes are not communicated to us within this time frame we reserve the right to deem the Client’s video project complete and invoice any outstanding monies owed. Permissible changes include, but are not limited to, removal or insertion of footage (if available),re-ordering of footage, changes to music selection (if applicable) and changes to graphics and colour scheme. The Client is entitled to one complimentary round of editing changes to their video project unless otherwise specified in the original quote.
10.5 Changes the Client wishes made to the finished product after the complimentary first round of re-editing to accommodate aesthetic or personal tastes will result in additional fees unless the requested changes were disclosed no more than 48 hours after filming for the project was completed, were communicated as part of the Client’s appraisal of the first evaluation copy, or were a direct result of an editing error by us. These fees also do not apply if more than one round of re-editing is included in the original quote. As of December 2014 our current rate for re-editing is $70.00 per hour.
10.6 Rounds of re-editing additional to the first are available to the Client for a period of 14 days after delivery of the last evaluation copy or completed video project after which time Lonely Mountain Video reserves the right to delete all raw footage and audio related to the Client’s video project.
10.7 If requested Lonely Mountain Video is obligated to provide the Client with a DVD of the evaluation copy of their video project free of charge, be it in place of or in addition to the identical copy made available online.
11. Subsequent requests for completed video project or raw footage
11.1 Lonely Mountain Video will retain a copy of all material related to the project for a period of six months after it is delivered to the Client. After this time we reserve the right to delete any and all content related to the project.
11.2 Any copies of the completed video project requested by the Client that are additional to the copy provided as part of the Client’s initial agreement with Lonely Mountain Video are free of charge only if delivered through an online medium (e.g. Vimeo, Dropbox). If the Client desires the completed video project in any other form (e.g. DVD, USB) this will incur a fee which, if applicable, may include postage.
12. Concluding Terms and Conditions
12.1 The Client has viewed samples of Lonely Mountain Video’s work and is completely satisfied with their quality and with our video production capabilities and artistic style.
12.2 The inability to complete the Terms and Conditions in this agreement by Lonely Mountain Video due to personal accident, illness, death or other reasons beyond our control entitles the Client to a return or crediting of monies applicable to that part of the agreement not performed at our full discretion.
12.3 To the extent permitted by law, Lonely Mountain Video’s total liability to the Client in connection with this agreement whether in contract, tort (including negligence), or otherwise is limited to the production agreement price as quoted.
12.4 All Terms and Conditions stated within this document are deemed acceptable to the Client upon submitting the 50% non-refundable deposit amount.
12.5 All Terms and Conditions stated within this document override any of the Client’s Terms and Conditions.