Terms & Conditions
Avatara Media | Terms & Conditions
Updated & Published 2019
By proceeding to engage Avatara Media’s services for your event, it shall be deemed that the client has read and agreed to all the terms and conditions herein contained.

References to “you/your” in these T&Cs shall be references to the client and references to “us/our/we” in these T&Cs shall be references to Avatara Media.

Booking Procedure

• 50% payment of the total amount of your package is required to secure your booking with total outstanding balance payable at least 4 calendar weeks prior to the date of your event. 
• We will contact you 1 to 2 weeks prior to your event to finalize the details and scheduling arrangements with you. Any changes to scheduling, dates, times following finalization is subject to the availability and discretion of Avatara Media.

Deposit/Payment

• A 50% retainer is required to secure your booking. Should the event be cancelled or postponed for any reason whatsoever, a refund is purely at the discretion of Avatara Media.
• 100% payment will be required at least 4 calendar weeks prior to your event day. If you require a payment plan, please advise us so we can create an arrangement that works well for both parties. Once finalized, any changes to the payment plan is at the discretion of Avatara Media.
• Avatara Media will not attend your event nor any services rendered if full payment is not received at least 4 calendar weeks prior to the date of the event. Acceptability of any delays in your payment to us is solely at the discretion of Avatara Media.
• Any additional hours on top of your selected package required by the client on the day of the event shall be charged at $150 per hour, per videographer. 

Videography

• It is understood that Avatara Media would be the exclusive videographer retained to perform the services requested on this contract. Any interactions with other video coverage contracts and any written notifications necessary to avoid such conflicts are the sole responsibility of the client.
• Client assumes all responsibilities for obtaining any necessary permissions, clearance, permits, etc. which maybe be required for Avatara Media. Client assumes all responsibility for obtaining and retaining permission(s) for access to any specifically requested shots. The client warrants that they have the legal rights to anything Avatara Media will capture, including photos, video footage or any other material delivered to Avatara Media for inclusion in client’s video. 
• Unless you advise us otherwise in writing, we will assume all persons attending the event have consented to being filmed. 
• Avatara Media will establish an arrival time on the event date with the client prior to that day and remain on duty for the number of hours as indicated in the package. Coverage hours included in the package are for the event date only and must be consecutive.
• We respect the wishes and regulations of anyone officiating at the event which may limit where we position cameras and other equipment. There may be other restrictions such as limit to movement around the venue or certain parts of the ceremony which we are not allowed to film, which we should be advised of prior to the event.
• We aim to be as discreet as possible during the day and to follow the events as they happen, therefore we are not in control of the setting. This may lead to some images being in high contrast or partial obstruction of subjects being filmed or issues of low/mumbled sound.
• We will do our best to capture the day in a manner that is pleasing to the clients and adheres to our professional standard. 
• Avatara Media is not responsible for capturing any shots that are not requested.
• We use our professional expertise and discretion to ensure the significant parts of the day are recorded. Unfortunately, we cannot guarantee that we will be able to record every aspect of the day as the event takes place live.
• Lighting and sound is subject to venues. We employ several back-up strategies for sound and vision, however Avatara Media will not be held responsible for poor lighting at reception and/or ceremony venue if refusal by the client to allow replacement lighting, or electrical or mechanical malfunctions on location that are beyond our control. 
• Avatara Media is not responsible for poor audio quality if a PA system is not in use or either client does not agree to wear a lapel microphone.
• If the client has certain angles, shots or montages they wish captured, then they are required to inform the videographer of the shots prior to the day of the event.
• Whilst we will not join the reception guests, we would ask that refreshments are provided for the videographer during this time. 
• If we are covering 8 or more hours, we ask that a meal be provided for each videographer in attendance, if this is not possible you will need to let Avatara Media know in advance. This may result in our videographer/s leaving the venue for up to one hour to have dinner. 
• We will make every effort to meet your needs however we cannot guarantee use of the drone. This can be due to a variety of reasons including but not limited to weather, venue restrictions and safety of others. If we deem unsuitable to fly, we will notify you on the day. Only in the case of the drone being charged additionally, will a refund be considered and solely at the discretion of Avatara Media. We will not issue a refund if the drone use was included in a promotional package or part of a package which had been negotiated with us. 

Editing 

• The client acknowledges that they are requesting service with knowledge of Avatara Media’s style and that the work is constantly evolving. 
• Avatara Media’s services are of a unique and artistic nature; the video(s) may be different from videos done by the business in the past. We use our own creative, artistic judgment to make videos consistent with our vision of the event, which may be different from the client's vision of the event. Accordingly, client acknowledges that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria.
• We will send through a first draft for you to review, this is your opportunity to advise us of any changes you would like made to the video.
• Further changes made after the first draft will be done so at an hourly rate of $80 per hour, unless the changes requested are of a direct result of an editing error or negligence by Avatara Media. 
• We aim to have the first draft available for your review within 14 working days of the date of your event. However, this is only a guide as a quality product is important for both us and yourself.
• We will only use songs that we can obtain licensing for. If you have a song you'd like used in your video, please let us know and we will advise whether we can use it or not. 
• We will not provide RAW footage unless specifically advised by us. 

Promotional Material 

• Avatara Media reserves the rights to use the finished product captured under this contract for advertisement & promotional purposes, to display on social media and portfolio on our website. All video masters, RAW footage and photographs remain the exclusive property of Avatara Media.

Cancellation or Changes

• If any changes to the schedule or any alterations to the contract are required, you must notify Avatara Media immediately and work together with Avatara Media in coming up with a revised schedule or amended contract, as the case may be, subject to all such revisions and amendments being mutually agreed upon by both parties in writing.
• Both Avatara Media and the client reserve the right to terminate the contract for any reason whatsoever up to 5 days after the date of down payment and a refund will be provided. 

Liability

• If Avatara Media fails to comply with the terms of this agreement due to any events beyond our reasonable control, including but not limited to illness, accident, or uncontrollable and unforeseeable equipment failure, Avatara Media’s liability is limited to a refund of the full payment received.
• Public liability insurance + private indemnity up to 5 million.  
• Assignment of the work by us may occur where we are unable to complete the work for any reason to other entities of similar expertise and standards as us and such assignment shall not constitute breach of this agreement.
• The client agrees to indemnify Avatara Media against any losses, claims or personal injury which may be suffered by any organizer or guest at the event which may be caused by equipment, bags, gadgets or such other items as may be brought by us for use during the shooting of the video. The client also agrees to keep indemnified Avatara Media against any losses, claims or personal injury which may be suffered by the videographers during shoots at hard to reach locations requested by the client.
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