Break Every Chain Productions -
Associate Shooter Terms & Conditions
Accordingly, the undersigned videographer (referred to from this point on as "you,"
“Associate Shooter" or "Associate Videographer") and Break Every Chain Productions (referred to from this point on as “BECP” "we," "our," "us") (each a "Party" and collectively, the "Parties") agree that you will work as an Associate Videographer for us according to the terms of this agreement ("Agreement"). "The client(s)" shall be those persons who booked the services of BECP.
Helen Capelin of BECP hereby hires the undersigned Associate Shooter to record material for BECP on the following terms and conditions:
Helen Capelin will have full ownership of the resulting video and audio materials including all rights to copyright and edit materials.
Services to be rendered
The Parties agree that Associate will perform the following services for or on behalf
of BECP:
- To be available via email for the clients to contact you regarding the wedding day
schedule
- To attend and record at weddings that are assigned to you.
- To hand over all footage, audio and cards within seven days of the wedding.
While performing the Services, you agree:
- To perform with the highest level of service, handling all client issues on the day.
- To provide quality footage and audio with properly used settings.
- To introduce yourself as being with Break Every Chain Productions.
- To perform the Services during the entire contracted period.
Use of Footage
The associate shooter can only use the footage they have taken at the event in their
own social media portfolios and not on their own website. The associate shooter may not use the footage for promotional materials such as business cards, adverts, sample albums etc.
The associate shooter must not tag or link the clients, guests or vendors in the footage or blog post on any media platforms.
The associate shooter must not submit the footage to an online blog or magazine.
No footage from the date can be used on the associate videographer’s social media
until 3 months after the images have been taken.
The associate shooters files must be sent in RAW format to BECP within seven days of the wedding. The first shooter will return the hardware that belonged to the second shooter within 7 days of receiving such hardware.
Wedding Day Conduct
The associate videographer shall produce works that contains no unlawful material or instructions that may cause harm or injury; it does not infringe upon or violate any copyright, trademark or other right or the privacy of others. The associate videographer shall hold Helen Capelin harmless against all liability, including expenses and reasonable fees, from any claim which if sustained would constitute a breach of the foregoing warranties.
You, as the associate shooter, are in charge of the wedding day, ensuring the timeline is stuck to and all footage and audio required is recorded.
The associate shooter must not promote their own business or services in a way, including word of mouth or distribution of promotional material to the clients or guests during or after the event.
Equipment
The Associate shooter is responsible for providing all of their own equipment with which to complete the assignments. They must also provide back up equipment should they occur any malfunctions or damages to their main body, memory cards, flash, batteries etc.
The Associate shooter shall shoot on their own memory cards on the day using dual card slot backups. They shall keep one set of cards to backup their own images after the wedding and deliver the other set to BECP.
Settings
The associate shooter must shoot in a similar style to BECP.
Expectations
The Associate videographer will:
- Capture details and getting ready shots in the morning.
- Film establishing shots including but not limited to, door numbers,
venue names, building names, buildings, scenery.
- Film the entirety of the ceremony and speeches with audio throughout.
- Capture candid moments with guests throughout the day.
- Complete group shot list outside unless another area is requested by BECP or Couple. In the case of bad weather use your best judgement or be creative indoors.
- Capture the details of the wedding breakfast room
- Capture guest reactions during the speeches
Payment
BECP shall pay Associate Shooter for the services at the rates specified.
Unless provided otherwise in a Statement of Work, Associate Shooter shall be paid
for the event within 14 working days of the event via BACS transfer once an invoice
has been received.
Expenses
Associate Shooter shall be responsible for expenses incurred in the performance of
services unless otherwise specified, including, but not limited to, travel expenses,
toll road fees, parking fees, meals, equipment costs, rental fees and repair costs.
Insurance
The Associate Shooter acknowledges and agrees that BECP is not responsible for payment of workers’ compensation insurance since the relationship is that of an independent contractor.
In light of this, it is highly recommended that the Associate Shooter get their own policies of business insurance since BECP is not responsible for maintaining insurance coverage for independent contractors.
The Associate shooter must provide their own equipment. They must also provide
back up equipment should they occur any malfunctions or damages to their main
body, memory card, flash etc. Any damage, loss, theft or injury sustained to the
second shooter and their equipment is the second shooters own liability the first
shooter can not be held accountable.
Duty of Confidentiality
The Associate Shooter agrees that they will not, at any time, use or disclose any of BECP's confidential information or any materials or information which the Associate Shooter should reasonably expect to be confidential, including personal information related to BECP's clients.
The Associate Shooter understands that despite being granted permission to use the footage taken in their portfolio, BECP may rescind permission at the client’s request in the interest of privacy or data protection.
Associate Shooter agrees that all Confidential Information is, and shall remain, the sole property of BECP. Upon request, Associate Shooter shall promptly return to BECP all materials containing or otherwise pertaining to Confidential Information.
Cancellation
If the Associate Shooter has to cancel this contract for reasons beyond their control, for example including but not limited to death, injury or sickness, or the client cancelling the contract, BECP shall not be liable to pay any monies to the Associate Shooter.
The Associate shooter is responsible for providing the client with a new primary shooter (if there is a second videographer they shall take over as the primary and a new second videographer shall be found.) The Associate photographer will tell Helen at BECP at the earliest chance if this is a possibility.
If the Associate Shooter should fail to perform on the day or should the Associate Shooter perform the Photography Services on the day of the Event but fail to deliver the footage and audio to BECP for any reason (including, but not limited to, the loss of digital files or other media or the failure of Associate Shooter’s equipment) or should the images be of a poor quality not within professional standards, such failure to deliver the images or perform the services in a professional manner shall constitute a breach of the terms of this agreement.
BECP may be subject to monetary damages as a result of the breach, including but not limited to, full or partial waiver of Associate Shooter's Fee for the Event, in addition to reimbursement to BECP of any sums that BECP must refund to the Client as a result of Associate Shooter's acts or omissions must be paid by the Associate shooter.
Modification or Amendment
Any modification or amendment to this Agreement requires the mutual agreement of the Parties, and must be made in writing and signed by all Parties.
Governing Law
The validity, construction and enforceability of this Agreement shall be governed in all respects by the laws of England and Wales. If any dispute arises in connection with or relating to this Agreement, then the Parties agree that the proper jurisdiction shall be the courts located in the United Kingdom.
THE PARTIES HAVE READ AND UNDERSTAND THE ABOVE AND AGREE TO
BE BOUND BY THESE TERMS AND CONDITIONS.
I confirm that I have read and understood this contract, and I agree to enter into this contract with Break Every Chain Productions.