Are you a cinematographer? Do you attend weddings and a range of other events to film the event and create a video from this? Are you unsure about what needs to be covered in your terms and conditions to adequately protect your business? If you answered yes to any of the above questions, read on.
Firstly, the terms and conditions for your business need to clearly set out what services you are providing. This may include your attendance at the event for a fixed amount of time, and the production of the video. What is not included in your services like raw footage or photographs, should also be clearly stated to avoid disputes.
Every business looks to be paid adequately and on time to ensure that it can thrive in the long term. Businesses which offer services such as yours often take deposits to avoid being out of pocket for any staff and equipment already arranged for a particular event, only to have the event be cancelled at the last minute. To ensure that no disputes arise in relation to payment, you should have a payment clause which clearly sets out what must be paid and when, and what payments are refundable and which are not.
To ensure that you are able to provide your services, your clients need to cooperate with you. This may include ensuring that you have access to the event and that you are given clear visibility to the main areas. In addition, for lengthy events, you may also wish to explicitly state in your Terms and Conditions that the client is required to provide you and your staff with meals and adequate break times.
When you create the video for your client, you own the intellectual property in that creation. What happens to that intellectual property once the client makes full payment needs to be made abundantly clear in your Terms and Conditions to prevent disputes in the future over intellectual property ownership. The standard business practice is to assign full ownership of the final video to the client, which means that the client has full rights to use the video as they like, however, you may wish to state that the client grants you a right to use the video for advertising/promotional purposes, or at the very least, for the inclusion in your business’ portfolio.
Limitation of liability
Finally, it is important that you make it very clear to the client what you are not liable for, as there could be many unforeseen circumstances at weddings and other major events. This may include not being able to film an important performance in an event due to bad lighting, or worse, the lights being switched off entirely, or not being able to fully capture the main area due to third parties intervening or blocking the camera. Such events are beyond your control, and it is reasonable to state that you will not be responsible for such failures.
Do you need help drafting your Terms and Conditions? If you do, contact the LegalVision Client Care team today! We will give you a fixed-fee quote, take your instructions on what you want in your Terms and Conditions, and we can provide you with a set of tailored Terms and Conditions within a few days of obtaining your instructions!