Terms and conditions for film and photography services
I. Subject matter of the contract
1. By signing the Agreement for film & photography services (hereinafter Agreement), Customer assigns the Service Provider to make films / photos based on the Agreement signed by Customer, for a fee as set out in the Agreement with the following conditions. The Service Provider performs the activities / tasks detailed below in accordance with the instructions of the Customer and in the interests of the Customer, as detailed below, and declares that it has the experience, knowledge and technical equipment necessary for performing the activity subject to the Agreement.
2. The Customer orders the Service Provider to carry out the photography and filmmaking tasks organized for the date specified in the Agreement and to carry out the photographic post-production and video editing related to the recordings, with particular regard to the following:
- The Service Provider undertakes to complete the tasks to the best of its professional knowledge, and is obliged to take the photo and video recordings in the highest quality expected of it.
- The Service Provider is obliged to appear at the time and locations of the photos and videos recorded according to the Annex 1, as agreed in advance between the Contracting Parties, with appropriate equipment. Out-of-contract availability is possible, even on the spot, but at an additional cost, based on the hourly rates listed in the current price list.
- The Service Provider undertakes to deliver to the Customer the film(s) and photos detailed in the Agreement within 60 days after the last day of recording in case of weddings, and within 20 days after the last day of recording in case of corporate assignments.
- The final digital photos will be delivered to the Customer through a private web gallery, and the final film(s) will be provided through a video sharing portal.
3. The Contracting Parties agree that prior to the signing of the Agreement the Customer has inquired about the artistic direction of the photo and video recordings made by the Service Provider, has reviewed his previous works, references on his website and on Vimeo’s profile. The Customer acknowledges that the photo and video recordings are greatly influenced by the location, environment, weather conditions and lighting conditions.
4. The Customer shall be provided with the number of fine-tuned photographs and films specified in the Agreement. Service Provider performs color and contrast correction and soft effects on fine-tuned photos and transmitted films; e.g., play with colors, gradients, focus. The Customer acknowledges that he is aware of the Service Provider’s photography and film making as well as editing / image development style, he acknowledges and accepts this style and he concludes the Agreement based on these information. Should the Customer’s needs differ from the style of the Service Provider, the Customer shall notify the Service Provider in advance and the Contracting Parties shall agree in advance on the fulfillment of these requirements in writing.
5. The Customer acknowledges that if due to the Customer’s fault, the time specified in the Agreement is not available on the photography / film shooting for making the recordings, or the Service Provider is unable to do the recordings beyond his own fault, the Service Provider can not guarantee the expected quality, as well as the quantity / length of the recordings.
6. Creative Recordings in case of weddings: If Creative Recordings are included in the Agreement, the Customer undertakes to provide the Service Provider with a minimum of 1 hour time frame for shooting the creative recordings in the expected quality and quantity during the wedding or at a separately agreed time in advance. The Customer acknowledges that if the minimum time required for creative recording is not available due to the Customer’s fault or if the Service Provider is not able to do the recordings beyond his own fault, the Service Provider can not guarantee the expected quality, as well as the quantity / length of the recordings.
7. The Service Provider is not responsible for poor image quality caused by unusual lighting (eg. bright pink, green, blue lights). The Customer is aware that the Service Provider recommends natural lighting for the recordings.
8. The Contracting Parties agree that the Customer shall notify the Service Provider about all his needs regarding fine-tuning of the photos, recordings and films created and delivered under the Agreement in writing within 21 days after the delivery. The Service Provider shall not be obliged to fulfill customer requests received after the 21st day, and the Service Provider reserves the right to carry out the requested work in the framework of another project on the basis of a new quotation.
9. Subsequent modifications made by the Service Provider: the Customer has the opportunity to request 2 changes to the delivered photos and films, which will be completed by the Service Provider as soon as possible. After 2 changes, additional changes are possible, but on an extra cost. In case of a change, the original schedule is extended by 2-5 days / request, depending on the magnitude of the change requested.
10. Data Storage: Service Provider stores all photo and film raw materials for 1 year after the recording date. If the Customer wishes to order any subsequent modifications or new edits, they may do so within 1 year after the recording date. The Customer undertakes to download the photo and film material from the Service Provider’s server latest within 1 year of the recording date. From the end of the 1st year after the recording date the Service Provider will not store the photo and film materials, after 1 year from the recording date all the material will be deleted.
11. Wedding Album: Within 30 days after the delivery of the images, the Customer will send his / her image selection to the Service Provider for the wedding album (if the selected package contains one). The Service Provider undertakes to deliver the wedding album design to the Customer within 20 days after the selection of the pictures. The customer approves the design (changes can be requested). The Customer undertakes to approve the final wedding album design within 30 days of its delivery. If the Customer does not submit the selection of the pictures and does not approve the final wedding album design latest within 1 year from the wedding, the Customer agrees the wedding album to be canceled. After 1 year from the wedding the Service Provider does not undertake to make the wedding album.
12. Selection of photographs and film footage: Customer agrees that the fine-tuned and rendered photographs as well as the footage of the edited film shall be selected by the Service Provider as this process requires a professional and artistic perspective. The Customer undertakes to send the pictures to be retouched (if the selected package contains one) no later than 21 days after the delivery of the pictures. If the Customer does not send to the Service Provider the selection of the photos to be retouched latest within 1 year from the recording date, the Customer agrees the retouched pictures to be canceled. After 1 year from the recording date the Service Provider does not undertake to retouch the pictures.
13. Customer agrees that the Service Provider is not obliged to use the songs selected by the Customer for the films, in particular if they are subject to third party copyright. Customer agrees that if any copyrighted music is included in its film, it shall use it only in a private, non-infringing manner.
14. Customer confirms that the content of the service provided by the Service Provider is the same as the services detailed in the Agreement. Any other service not listed in the Agreement thereto constitutes an additional charge, especially but not exclusively the following: recorded photo and film materials, created concepts, logos and website designs, part, and full music compositions.
II. Obligations of the Service Provider
1. The Service Provider undertakes to carry out the tasks specified in Section I. accurately and professionally.
2. Person of the specialist: Any employee or subservice provider of the Service Provider who has the appropriate expertise to perform the task may act on behalf of the Service Provider.
3. If at any time during the performance of the Agreement the Service Provider has any circumstances that hinder its performance (in particular: illness, traffic obstruction, accident, etc.), it shall immediately inform the Customer thereof.
4. The Service Provider undertakes to act in the interests of the Customer at all times when making the recordings.
5. Service Provider shall commence work upon fulfillment of the following conditions: (1) the Agreement has been signed by both parties and (2) the deposit included in the Agreement has been paid to Service Provider.
6. The Service Provider shall deliver the final film(s) and photos within 60 days after the recording in case of private events, and within 20 days after the recording in case of corporate assignments.
7. The Service Provider shall follow the Customer’s instructions. The Service Provider may depart from the order of the Customer if the interests of the Customer so require. If the Customer gives an improper instruction, the Service Provider shall warn him. If the Customer maintains its instructions despite the warning, the Service Provider may terminate the Agreement or perform the task at the risk of the Customer in accordance with the instructions of the Customer. The Service Provider must deny compliance with the order if its execution would result in a violation of law or governmental decision or endanger the person or property of others. The Customer shall reimburse any costs incurred in complying with the instructions. The Service Provider may make the execution of the instruction subject to the provision of appropriate guarantee. If the Customer fails to provide adequate guarantee, the Service Provider may refuse to comply with the instruction.
8. Contact details of the Service Provider are as follows:
Name: Csaba Vigh
Tel: 00 36 30 340 6565
III. Obligations of the Customer
1. The Customer shall pay the Service Provider the service fee specified in Annex 1 to this Agreement in accordance with the provisions of this Agreement. We reserve the right not to start the documentation until the agreed terms have been confirmed.
2. In case of events: during the photography / filming days, the Customer shall provide food and drink to the Service Provider. The Customer shall provide meals at the same time as the guests’ meals in order to enable the Service Provider to record the happenings before and after the meals.
3. Customer shall support the Service Provider in the performance of its tasks by providing it with all information necessary for the performance of its tasks. The Customer shall send the information to the Service Provider at least 7 days prior to the recording, if any. In the absence of the information the Contracting Parties shall agree in advance on the photography and film production required by the Customer, but no later than 5 days prior to the recording. The Customer shall also inform the Service Provider no later than 1 week prior to the event of any information (time schedule, exact locations, contact details of service providers in case of cooperation, contact details of the person(s) authorized to act on behalf of the Customer at the event) is required. The Service Provider shall not be liable for errors resulting from failure to provide this information, or for incorrect performance and consequential damage.
4. Customer acknowledges that if he requests changes to the terms of the Agreement or the quotation provided by the Service Provider, any additional costs that may arise from such changes shall be covered by him. The Customer must immediately notify the Service Provider in writing of any changes or extra requests that may arise.
5. Customer undertakes that if during the course of photography and filming, attributable to the Customer, employees of the contracted service providers or other persons at the locations of the recordings, any technical equipment that is required for the fulfillment of the Agreement of the Service Provider is damaged (particularly in the case of intentional or negligent damage), the Customer is liable for the compensation of the damage.
1. The Contracting Parties agree to cooperate in the implementation of the provisions of the Agreement, to verify the manner, results and quality of its implementation, and to consult on issues that require clarification in order to promote the Service Provider’s contractual performance.
V. Remuneration, payment obligations
1.The Service Provider receives a pre-determined service fee for the fulfillment of the tasks undertaken under the Agreement.
2. The Service Fee set by the Parties is included in the Agreement.
3. The Service Fee shall include all costs and expenses incurred by the Service Provider in connection with the handling of the current assignment (eg travel expenses), except for other extra requests, which shall be accepted on the basis of a separate offer.
4. The Service Fee shall include the usage fee of the photographs and video recordings, as specified in Section XI.
5. The Service Fee shall be paid as follows:
- Customer undertakes to pay the Service Provider the amount of the Service Fee specified in the Agreement at the time of signing the Agreement. The Customer is aware of the meaning of the deposit and is aware of the fact that if the service is not used due to his fault, (eg. the recording / event will be canceled, the booked date will be postponed), the Customer will not be able to get back the deposit. The deposit will be included in the total amount of the service charge.
- The second half of the Service Fee is due one day before the event, but no later than the morning of the event day in case of private events, and within 8 days after the delivery in case of corporate assignments.
- The Service Fee is payable in cash or by wire transfer to the Service Provider’s bank account no. 11600006 00000000 48250296
6. Customer acknowledges that the Service Fee set forth in the Agreement does not include any fees or costs that may be incurred in connection with the use or licensing of photography, video, locations, and music. These costs, if any, shall be paid by the Customer.
7. The photography and filming service can be canceled no later than 48 hours before the shooting and a maximum of 3 times, otherwise, the service fee will be charged.
8. The Service Fee includes the contents of the Agreement and no more. All recorded raw films and photographs are not included in the Agreement, unless directly written. The price of all recorded film materials is minimum 50% of the film assignment Service Fee. The price of all recorded photographic materials is minimum 50% of the photography assignment Service Fee. The price and rights of use the raw materials are negotiated on the basis of the Assignment and intended use.
9. The Service Provider grants the Customer unlimited right of use only after full payment, until then, the Customer may not use the film or photograph. If the Customer uses the film or photograph without full payment, the Studio charges daily 3% of the total project offer for unauthorised use until full payment is made.
10. If the Customer is late in paying any amount, the Service Provider shall be entitled to charge double of the late payment interest specified in Act V of 2013 on the Civil Code.
1. The Service Provider shall act with the utmost care when performing the tasks specified in the Agreement. The Service Provider warrants that it will perform the tasks set out in the Agreement to the best of its knowledge and experience, using the most advanced methodologies and techniques known to it.
2. The Service Provider shall not be liable for errors or unrecorded moments in the event that guests or other service providers obstruct its performance through photography, video or other means. In addition, the Service Provider shall not be liable for damages that may have been caused in the course of the recordings to the clothing of the Customer or guests or other actors.
VII. Modification and termination of the Agreement
1. The Agreement may be amended and terminated in writing by mutual consent of the Contracting Parties.
2. Customer and Service Provider may terminate the Agreement with immediate effect if one party commits a serious breach of contract or other rights or legitimate interests of the other party.
3. If the Customer violates its obligation to cooperate to the extent that it hinders or renders impossible the fulfillment of the tasks undertaken in the Agreement, the Service Provider is entitled to cancel the Agreement. In this case, the Service Provider is entitled to the full service fee specified in the Agreement.
4. If the Customer fails to fulfill its payment obligations under the Agreement within the terms specified herein, the Service Provider shall not be obliged to fulfill its obligations under the Agreement. This fact does not constitute a breach of contract and the Customer expressly waives any claim for damages or other claims against the Service Provider.
5. In the event of termination of the contract, the parties shall settle accounts with each other, the Customer shall pay the Service Provider a fee commensurate with the performance.
1. Customer undertakes not to disclose to third parties any trade secrets and essential information – of which the Customer has become aware in the course of the Service Provider’s work – or the provisions of the Agreement.
2. The Service Provider is obliged to keep the privacy secrets of the Customer, as well as the essential information regarding the Customer. In addition, the Service Provider may not engage in conduct that would violate Customer’s legitimate interests.
IX. Copyright Terms
1. The Contracting Parties state that all the recordings, raw materials, other elements (eg, recording, content, unique music, graphics, texts, etc.) created in the course of the performance of the Agreement shall be governed by copyright and other intellectual property laws. All the related copyrights of the above mentioned elements are owned by the Service Provider.
2. Subject to the Agreement of the Parties, the Service Provider grants the Customer unlimited use of the film(s) and photos made and delivered under the Agreement for private use in case of private events, for business use detailed in the Agreement in case of corporate assignments. The Customer is not allowed to transfer the license to a third party and to grant further permission to a third party to use the film(s), photos, or recordings.
X. Protection of personal data
1. The photo and video recordings are considered as personal data as they can be related to and inferred from the subject. Based on the foregoing, the portrayal of the subjects falls within the concept of personal data.
2. For the purposes of the Agreement, the processing of data relating to the image as personal data is based on the consent of the data subject (persons in the recording areas), which shall be deemed to have been given by implication and in the light of verbal information.
3. The Service Provider undertakes to use personal data, documents or other information related to the Customer and its guests and other actors only for the purpose of performing its tasks, will not make them available to unauthorized persons, organizations or to third parties (except in order to meet its obligations under the Agreement) and will not be abused in any other way.
4. The Service Provider will handle the personal data obtained in the course of performing the tasks described in the Agreement in accordance with the applicable legislation, with special regard to the European Parliament and Council (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR).
5. The Service Provider shall make every effort, before starting data processing, to ensure that all data subjects have clear and detailed information about their personal data processing rights and rights their remedies (see GDPR for details).
6. In the course of data management and data processing, the Service Provider strives for the highest protection of personal data, ensuring the right of self-determination of the data subjects. It shall provide adequate protection for the personal data collected. The protection of personal data includes physical data protection.
7. In all its activities, the Service Provider will only employ partners who comply with the requirements of applicable data protection legislation.
8. Customer agrees, by countersigning the Agreement, that Service Provider will store their personal data through cloud-based applications, for which purpose, it will transfer to the cloud provider.
9. Customer also authorizes Service Provider in the Agreement to edit, modify and post-record the recordings made in performance of the Agreement.
XI. Use of captured footage and photos
1. Customer agrees, by countersigning the Agreement, to give unlimited use of the photos and video recordings made by the Service Provider with its own logo on its website, community sites, publications, professional competitions, and other appearances for presentation purposes.
2. In the event Customer does not consent to Service Provider’s use of the material in its portfolio, Customer undertakes to pay 30% of the total Service Fee set out in the Agreement as an extra cost for exclusive rights.
3. In case of use of any recordings, photographs and film(s) taken during the shooting of the Service Provider by other persons than the Service Provider’s crew, the same fee is due to the Service Provider as it would be taken by the Service Provider. The only exception is the backstage use with the Service Provider’s written consent.
4. In case of corporate assignments: business use of recordings, photographs and film(s) created under the Agreement is subject to the usage agreed with the Service Provider. The fee of recordings, photographs and film(s) taken by the Service Provider is based on the agreed usage (advertisement, website, social media, other).
5. In case of weddings and private events: business use of recordings, photographs and film(s) created under the Agreement is subject to the Service Provider’s consent and payment of a fee agreed with the Service Provider.
The Contracting Parties agree that when using photos and movies on social media, photo and movie credits will always be indicated as follows: @artsillustratedstudios
6. Customer agrees that the Service Provider’s logo shall be included in the photographs and films used.
7. The Customer also undertakes to notify the guests appearing in the recording of the use for the purpose described. The information may be provided through the use of an image, caption, or oral information during the event / recording, or prior to the event / recording.
8. If the person in the photo and video recording informs the recorder of the request to delete the recording after the publication, the Service Provider shall immediately or at the latest within 3 working days remove the recording and permanently delete it from its database. It shall inform the data subject of the deletion.
XII. Governing Law
1. The interpretation of the Agreement and any matters not regulated herein shall be governed by the applicable law of the Republic of Hungary, in particular the provisions of the Civil Code.
XIII. Settlement of disputes
1. The Service Provider and the Customer shall make every effort to resolve any dispute arising out of or in connection with the Agreement through negotiations. The Parties shall mutually inform each other of any circumstances arising after the conclusion of the Agreement.
2. Subject to the Agreement of the Contracting Parties, provided that the provisions of Section XIII/1 above, they do not reach the outcome of the negotiations as set out in paragraph 1, in which case the exclusive jurisdiction of the Budapest District Court is stipulated.