TERMS & CONDITIONS
1) Introduction. This contract is formed between yourself (referred to in the Terms & Conditions as "the customer") & KALM Creative once the Booking Fee (minimum booking fee of 50%) has been received. The Product or Service shall mean any product or service that is provided by KALM Creative to the Customer. These conditions do not affect your statutory rights.
2) Supply. KALM Creative agrees to supply the product(s) or service(s) to the Customer as detailed in the order and according to the terms and conditions of this contract.
3) Rights Reserved. Should KALM Creative choose not to enforce any or all of these conditions. It should not be interpreted as a waiver of any of the Company’s rights. By providing KALM Creative with an Order, the Customer accepts these terms and conditions.
4) Payment. KALM Creative shall issue an invoice to the Customer in respect of products or services supplied, or to be supplied, the payment terms for which will be stipulated on the invoice. KALM Creative will take a 50% deposit at the time of booking and will require full payment prior to works starting (usually 7 days before).
5) Health & Safety. KALM Creative & the Customer will act in accordance with all relevant health and safety requirements in order to provide the product(s) or service(s).
6) Creative Brief. Unless otherwise agreed, the Customer accepts KALM Creative to make decisions on creativity within the product(s) or service(s). This includes but is not limited to what’s provided within the invoice. In certain circumstances, some services may be unable to be performed due to time or weather restraints. Within all video projects, we offer the customer TWO REVISIONS of the work after we send our initial Rough Cut. We would then charge £50 per hour for additional edits after the two included revisions.
7) Booking Fee/Cancellation. Monies paid by the Customer to reserve the product(s) or service(s) of KALM Creative will be accepted as a Booking Fee/Deposit. If the Customer cancels the booking less than 6 Months prior to KALM Creative supplying the product(s) or service(s), the Customer will be liable to pay the whole invoice value less any Booking Fee/Deposit already paid. If the Customer cancels their booking more than 6 months prior to the Company supplying the product(s) or service(s), they shall forfeit the Booking Fee. Booking Fees/Deposits are non-refundable regardless of the notice period unless KALM Creative are unable to complete the work originally agreed.
8) Liability. KALM Creative accepts no liability for any loss or damage that may arise from the supply of the product(s) or service(s). In the unlikely event of KALM Creative being unable to supply the product(s) or service(s) as specified in the Order, liability shall be limited to the total invoice value – or monies already paid by the Customer.
9) Copyright. Unless otherwise stated in the Order, KALM Creative retains copyright in all their Original Material. Original Material includes video recordings, graphics, soundtracks, printed material, website designs and any other design or artwork commissioned by the Customer in relation to the booking. Delivery of any video content on the web is restricted to KALM Creative only. Video conversion, web streaming and other delivery of KALM Creative content by third parties are not permitted. The Customer must ensure that permission is sought for the inclusion of any copyrighted material they supply to KALM Creative to enable them to deliver the product(s) or service(s). The Customer must also ensure that permission is sought for the inclusion of any performers or performances, trademarks, locations and music. KALM Creative retains the right to use this material in its original and edited form as they see fit, unless otherwise agreed in the Order. Music supplied by the customer to KALM Creative for use in their production must be original and legitimately owned, KALM Creative accepts no responsibility for any breach in copyright for customer supplied music. The Customer agrees to indemnify KALM Creative in the event of any breach of copyright claims being brought against them in respect of material supplied by the Customer.
10) Data Protection. The Customer must ensure that all necessary arrangements have been made with, and permissions obtained from, people and places that may be recorded on video as a result of KALM Creative supplying the product(s) or service(s) – and that such recording is in compliance with Data Protection. KALM Creative reserves the right to use extracts from the finished production for publicity purposes on our website, third-party websites associated with video showreels, any social media, and sample DVDs. The client will notify those attending the event that they may be recorded on video cameras and that by attendance they give their consent to being recorded.
11) Care and Damage to client property. Whilst every care is taken in the handling of the Customer’s property, KALM Creative accepts no responsibility whatsoever for any loss or damage, however, caused, or any other loss by unforeseen circumstances whilst they are in the custody of them. Liability for such loss or damage will be limited to the replacement cost of the materials or media (the wedding film) and in no circumstances will any liability attach to any claim for the value of the content.
12) Right of Assignment. KALM Creative retains the right to assign the supply of the product(s) or service(s) to the Customer to another suitable company should they be unable to complete these terms and conditions, be already booked, or unable to make due to unforeseen circumstances. A suitable and recommended company and/or individual will always be provided.
13) Confidentiality. Unless otherwise agreed KALM Creative will treat any information gained during the supply of the product(s) or service(s) as being private and confidential. Likewise, the Customer shall keep confidential any methodologies and technology used by KALM Creative to supply the product(s) or service(s).
14) Customer Material. KALM Creative retains the right to destroy all customer video material upon handover of the final product(s) or service(s). All customer material will be deleted or destroyed 7 days after the handover of the product(s) or service(s). KALM Creative accepts no liability for loss or damage of product(s) or service(s) once handed over to the customer. KALM Creative accepts no liability for loss or damage of customer personal property given to aid productions e.g. music CDs. After this 7 day period, no further edits or changes to the product may be requested.
15) Force Majeure. KALM Creative will not be liable for failing to attend a booking, where the reason for non-attendance or late arrival is caused by adverse weather conditions (including Snow & Flooding), road closure, road traffic accident, vehicle breakdown, acts of terrorism, industrial action, or other unavoidable circumstances deemed beyond our control. KALM Creative will not be liable for any refund, in part or whole, where we are late accessing the venue and setting up because of earlier events, over-running, or where we are prevented from accessing and setting up by the venue management. Neither will KALM Creative be obligated to provide an extension to the agreed timescale or project length. KALM Creative will not be liable for any refund where a venue and/or weather is obstructing the use of a drone.
16) Behaviour. KALM Creative LTD only employs videographers who show kindness and respect for others. We expect this back from our clients. KALM Creative LTD does not tolerate bad behaviour towards any of our talented videographers. In the event of our videographers being spoken to in a bad manner by a client, our directors will instruct them to leave the shoot, and the client will still be charged in full. Bad behaviour includes Racist, sexist or homophobic language, curse words directed at our videographers, unnecessary sexual language, unprovoked touching, or any kind of rude statement which our videographers find offensive. In the event of a guest expressing bad behaviour to one of our videographers, our directors will be informed of the situation immediately. If the situation allows, the client will then be approached by the videographer, where the client will be expected to remove the bad behaving person. If the person is not asked to leave, our videographer will be instructed to leave, and the client will be charged in full.
17) Refreshment. The client agrees to arrange suitable changing facilities for staff as required. The client agrees to supply food and drink to the videographer for projects that last longer than six hours. Should the booking be outside of a 50-mile radius of our registered office address, a hotel room will need to be provided for each member of staff.
18) Wedding Videos. This applies to customers only where we are providing wedding videography services. KALM Creative LTD chooses to work with clients that want to work with us. Unless stated otherwise, We will provide two videographers to cover the couple prep through to the first dance and provide a 10/15-minute cinematic highlights video alongside the full videos of the Service, Speeches, Cake Cutting, and first dance. Unless otherwise agreed, the Customer accepts KALM Creative LTD to make decisions on creativity within the product(s) or service(s). In certain circumstances, some services may be unable to be performed due to time, weather, travel or venue restraints. Our drone pilot has obtained their CAA A2 Certificate of Competency and we have a separate insurance policy that specifically covers the use of our drone at your wedding. However, there are sometimes restrictions to us being able to use the drone. These include Bad Weather, Venue Restrictions, and “No Fly Zones” due to airport runways/flightpaths.
During busier seasonal periods, the editing process can take longer. We will aim to have your wedding video edited within six weeks of the wedding although this can be up to 10 weeks in peak times.
We recommend that our videographers are provided with a key point of contact (Best Man, Wedding Co-ordinator etc). The bride and groom also agree to give the videographer sufficient warning of key events at the wedding to give them time to prepare e.g. cutting the cake, speeches etc. Our camera operators are highly experienced in shooting weddings but shooting live weddings can be very testing and not all moments are possible to capture.
Weddings are “live events” and we are sometimes limited by space, time and guests etc moving in front of the camera operators.
We are also limited by rules imposed by registrars, ministers and venue management as to what can and cannot be done. For example, some ministers insist on only allowing one videographer into the building and others will insist that the cameramen shoot from a specific location. In such circumstances, the bride and groom agree to accept the technical limitations that may be imposed on the equipment used. We advise the bride and groom to make themselves aware of the rules of the venue concerned and, if necessary, negotiate with the personnel concerned.
19) Dance/Theatre Shows. This applies to customers only where we are providing filming to a dance/theatre show where the client is selling DVD’s to their pupils/parent. The client/hirer agrees to sell the minimum DVD order of 40 DVD’s at £18 each or a minimum payment of £720.00, should 40 DVD’s not be ordered. If the show is outside of Essex, the minimum order would be 50 DVD’s or £900, should 50 DVD’s not be ordered.
The client/hirer has allowed KALM Creative adequate setup time and access to the venue (minimum of 90 minutes The client/hirer has sought the necessary permissions to film the students/cast within the performance or has given KALM Creative permission to film the students/cast on their behalf. The client/hirer understands that their performance will be filmed on three cameras and will be a three-camera live mix. However, in the result of any loss of footage from any of the cameras, KALM Creative will provide the best quality edit from the footage available. Only in the instance of KALM Creative losing all footage from all cameras, or simply not being able to film the performance – the client will be issued a full refund or will not have to order any minimum amount of DVD’s. The client/hirer understands and accepts that this could happen in extreme circumstances. The client/hirer will receive one free DVD of the performance, along with a memory stick for editing/uploading purposes.
20) Websites, Graphics and Marketing. This applies only where the client is using KALM Creative LTD for the mentioned services. Unless otherwise agreed, a website will consist of five pages. After the initial design process, the cost for edits is £50 an hour with a minimum term of one hour.
21) Live Streams. This applies only where the client is using KALM Creative LTD for Live Stream Services. Unless stated otherwise in the contract, the client will provide a secure and stable internet connection with a minimum of 10MBPS upload speed. KALM Creative LTD cannot be held responsible for issues with live streaming when the internet is not stable and/or a 4G hotspot is being used. KALM Creative LTD cannot be held responsible when the client wishes to stream to a platform that has copyright restrictions and the stream is removed.
22) Covid-19. KALM Creative LTD understands that the impact of COVID-19 is a concern for events. KALM Creative LTD will transfer your booking along with all paid monies to a new date free of charge. We can only transfer bookings to new dates if we have the new date available and the reason for the transfer is due to the postponement of the event because of COVID-19.