1. Definitions
Terms & Conditions
For the purposes of this agreement, “1912 Films” is Cody A. Barnes operating as the photographer/videographer and “the Client” is You as the customer or the Business who is commissioning the work. “Images” means any digital and tangible content furnished by 1912 Films, whether videos, photographs, prints, or other types of physical and electronic material, etc.
These terms & conditions shall apply to the contract to the exclusion of any other terms & conditions put forward by the client.
2. Acceptance of Terms and Conditions
All contracts and transactions between 1912 Films and the Client, whether made orally or in writing, are subject to these terms and conditions which shall be deemed to be incorporated into any contract between 1912 Films and all or any of its Clients. Payment of retainer is agreement of terms & conditions.
3. Copyright and Ownership and Delivery
The copyright of all footage created by 1912 Films is owned by 1912 Films. Unless otherwise stated, the Client will receive an edited selection of high-quality Images. The entire copyright of the Images is retained by 1912 Films at all times throughout the world.
4. Cancellation
If a booking is cancelled by the Client within seven (7) days of the starting time, 1912 Films may charge 25% of its fee. If a booking is cancelled by the Client within three (3) days of the starting time, 1912 Films may charge 50% of its fee.
For cancellations/postponements due to weather conditions, 1912 Films reserves the right to charge it’s full fee and expenses due to weather conditions on location. In such instances, 1912 Films may charge in full for it’s expenses (e.g. including but not limited to; rental of specialist equipment, travel expenses, etc), that he may have incurred prior or during the assignment taking place.
In the unlikely event of severe medical, natural, or other emergencies, it may be necessary to retain an alternative videographer. 1912 Films will make every effort to secure a replacement videographer of the same professional standing and ability able and/or willing to provide a similar package as chosen in this contract at the same/similar tariff. If such a situation should occur and a suitable replacement is not found, responsibility and liability is limited to the return of all payments received.
If the client wishes to alter the booking date or time, 1912 Films will do its best to accommodate this if the new date or time are available. If the date or time are not available, then the conditions listed above apply.
5. Payment Terms
All Clients are required to pay a retainer/deposit to book the services of 1912 Films. Booking is only confirmed when the deposit has been received by 1912 Films. The deposit is refundable up to 14 days after the payment date or seven days before the project starting time, whichever comes first. After this date, the deposit is non refundable.
Payment terms for all products and services provided by 1912 Films will be dictated on a case by case basis, depending on the Client’s project and needs. All deposits and payments must be made on time and in accordance with the terms set forth by 1912 Films.
6. Acceptance of Terms and Conditions
All contracts and transactions between 1912 Films and the Client whether made orally or in writing are subject to these terms and conditions which shall be deemed to be incorporated into any contract between 1912 Films and all or any of its Clients. Payment of retainer/deposit is agreement of terms & conditions.
7. Retention of Title
1912 Films reserves the right to retain all of the Clients materials in its possession until all monies owed to 1912 Films have been paid in full.
8. Fees and Expenses
All prices quoted to the Client apply only to the original job description and specifications given to 1912 Films by the Client. 1912 Films reserves the right to make additional charges for fees and expenses should these descriptions or specifications differ or change before or during the assignment. Wherever possible, 1912 Films shall endeavor to provide an indication of what these additional charges will be.
9. Representation
The Client shall ensure that there is an authorized representative present at the assignment to ensure the correctness of 1912 Films interpretation of the Clients brief. In the event of no Client representation, 1912 Films interpretation of the brief shall be deemed as correct.
1912 Films is limited by the guidelines of site management. The Client agrees to accept the technical results of their imposition on 1912 Films. Negotiation with the officials for moderation of guidelines is ehe Client’s responsibility. 1912 Films will offer technical recommendations only.
10. Confidentiality
1912 Films acknowledges that in the performances of the services, it may receive information from the Client which is designated by the Client as confidential. Upon request from the Client, 1912 Films agrees to keep this information secret and not to disclose such information to other parties except as required by law.
11. Conduct
The Client shall be responsible for the behaviour of any persons accompanying them to an assignment. 1912 Films reserves the right to terminate any assignment without notice if it deems the Clients behavior to be unruly or unsafe. In such instances, 1912 Films reserves the right to charge its full fees and expenses as described in clause 4 of these Terms and Conditions. The Client will fully reimburse 1912 Films or its agents for any loss/damage they cause to property or equipment.
12. Liability and Indemnity
It is the Client who must satisfy him/her/itself that all necessary rights, model releases or consents which may be required for reproduction, are obtained and it is acknowledged that 1912 Films gives no warranty or undertaking that any such rights, model releases or consents have been or will be obtained whether in relation to the use of names, people, trade marks, registered or copyright designs, or works of art depicted in any Images. In the event that the Images issued or reproduced by or with the authority of the Client does not have the necessary rights, releases or consents, then the Client shall indemnify 1912 Films against all expenses, damages, claims, or legal costs arising out of any such failure.
13. Delivery of Products and Services
The supply of products and services are provided by 1912 Films on a best endeavors basis. 1912 Films will not be liable for delays that are beyond it’s reasonable control. 1912 Films shall use reasonable endeavors to meet agreed deadlines where applicable. 1912 Films shall not be liable for any delays in meeting any of its obligations which were due to causes beyond its reasonable control including but not limited to; postage/courier/lab delays, war/acts of terrorism, riots, government legislation, industrial action, adverse weather conditions, acts of God, floods, fire, loss or damage in transit, etc.
14. Prices & Terms
1912 Films reserves the right to amend both Prices and these Terms and Conditions without prior notice.
15. Rush Services
1912 Films reserves the right to make an additional charge should the Client request a rush service. This service is subject to availability and cannot be guaranteed.
16. Sharing & Storage
The Client may be required to provide 1912 Films with a physical storage device for any Images obtained in order to assist with organization and workflow of the post-production/editing process. 1912 Films will notify the Client if this is required before any deposits are made by the Client.
Final Images will be delivered via an online cloud service such as Google Drive. It is the Clients responsibility to back-up/download the Images to their own storage device for further viewing and safe keeping. Images will be available on 1912 Films cloud storage of choice for 60 days and then deleted from 1912 Films account. Client is then responsible for storage of all Images. Images may be kept on 1912 Films cloud storage or physical storage for a longer duration upon request. A monthly storage space rental fee of $25 will apply.
Rev. 4/1/2024