Hawthorne Creative Terms & Conditions

TERMS & CONDITIONS

In the following Terms & Conditions the “Photographer /videographer” shall refer to Hawthorne Creative. The client(s) shall be those persons defined as the Bride, Groom, or contract signatory of the contract on the booking form. The product/service/work shall be the collective term for the attendance and filming of the wedding event and subsequent provision of an edited video. These Terms & Conditions cannot be varied in any way by the client(s) unless such conditions are expressly agreed by the Videographer in writing.

1. RIGHTS 1. The client(s) allows the Photographer /Videographer to display any photos/video, sound or image covered by this contract for promotional and demonstration purposes, including advertising, websites, social media, printed media, etc.

2. OWNERSHIP 1. All original recordings, photographs and edited computer files will remain the property of Hawthorne Creative. Original raw footage (non-edited material) is the sole ownership of the Hawthorne Creative and is not intended for client viewing and is not part of the supplied finished package All RAW photos and/or footage is held in archive for a period of 12 months. We cannot guarantee that the RAW files will be available after the 12 month mark from the date of your event. The client takes full responsibility for checking the final product and downloading their files prior to the 12 month archive point. Hawthorne Creative no longe provides footage and/or photos on USB sticks, all finished material is provided via online galleries. LICENSE 1. The property and any copyright or other intellectual property right in all material produced by Hawthorne Creative in performance of the goods/services belong to Hawthorne Creative. , but the client shall be entitled to use the material supplied under this contract solely for personal use, subject to payment in full of all sums payable under this contract. 2. The use of copyrighted music within the client’s video shall only be used for private viewings. The Phonographic Performance License used in the supplied videos are not permissible for public performances.

TERMS & CONDITIONS PART 2

Recording and dubbing license have been obtained by Hawthorne Creative. allow the legal recording of live music and use of recorded music in the soundtrack of the videos. This is for personal use only, such as on DVD, USB and Blu-ray.

4. Licenses obtained do not allow the use of the videos being uploaded to the internet. The customer is forbidden from uploading the videos themselves to the internet unless the video only contains copyright-free music.

COVERAGE & REPRODUCTIONS 1. photos/video taken during the event will be at the discretion of the photographer/videographer, although every effort will be made to comply with the client’s requirements.

Video highlights are limited to the minutes specified in each package.  A charge of $200 is applicable for each extra clip (for example full first dance). The drone footage included in the package may not be of the venue in question or of the client due to flight, weather, venue, time or any other unforseen circumstances however drone footage will be supplied as part of the finished video. Hawthorne Creative is not held respsonsible if the drone crashes or is rendered inoperable. In the event of this happening alternative drone footage will be sourced.

2. For a booking involving a Church Ceremony or certain venues, the photographer/videographer, movements are sometimes restricted by the official in charge. The area from which the photographer/videographer, can cover the ceremony may not be the videographer’s choice and he cannot accept responsibility for any obstructed view should this be the case. It is the sole responsibility of the client to secure permission of the venue to set up equipment and use extra lighting.

ON THE WEDDING DAY 1.

The photographer/videographer from Hawthorne Creative is the only authorised and official photographer/videographer, for your wedding day.

Whilst every effort will be made to capture all the specified shots including family and group photos, Hawthorne Creative is not responsible for missing any of these shots if guests do not follow instructions or the run sheet fails to allocate enough time for the shots to be taken. The team leader on the day will touch base to advise that the shots have not been taken and the client must then take responsibility for organising the group/family photos to be shot.

Whilst there may be certain photos shot on the day these may not be included in the final gallery due to the quality and or composition of the photo. This is entirely at the editors discretion as only the best photos shot on the day will be provided. We do not under any circumstances give out raw un edited photos, however will provide every useable, high quality photo shot on the day.

The photographer and/or videographer will make every effort to shoot the family and group photos in the clients preferred location however Hawthorne Creative cannot guarantee that these shots will be taken if the guests are non compliant or time/sun runs out.

Guests with DSLR cameras will be asked to put them away.

The photographer/videographer, will abide by all rules of the facility and/or directions of the staff/facility coordinator with regard to video set-up and will not be held responsible for absence of certain shots due to such rules and/or directions, or due to interference by wedding guests or vendors.

FORCE MAJEURE (BEYOND THE PHOTOGRAPHER/VIDEOGRAPHER, CONTROL) Whilst every effort will be made by the photographer/videographer, to supply the client with a satisfactory product based upon the photographer/videographer, advertised style, and to the specified requirements agreed beforehand, all editing and post production will be carried out to the photographer/videographer’s discretion. In the event of the photographer/videographer, being unable to attend the filming date due to illness, injury, etc. he/she will Endeavor to provide or recommend the client with a suitable replacement photographer/videographer, The photographer/videographer, shall not be liable in the event of bad weather or unforeseen circumstances, including illness, from preventing him/her from completing the work.

In the event of equipment failure beyond the photographer/videographer, control, including theft of equipment or material, the photographer/videographer, is not liable for refund or compensation, but will try to appease the client using any available recorded material. In the unlikely event of a total video failure, liability shall be limited to a refund of monies.

The photographer/videographer, reserves the right to cease work if situations arise that are unfit to continue, eg. grounds of safety, mistreatment, offensive or abusive behaviour, or unacceptable working condition. In these instances, the photographer/videographer, is not liability for refund or compensation.

CANCELLATION Deposits are non-refundable unless cancellation is done by the photographer/videographer, If cancellation is done by the client, any money paid other than deposits shall be returned. However, if the client cancels within one month prior to the wedding, the photographer/videographer, is entitled to invoice the client for loss of earnings unless a suitable solution is agreed. For any cancellations paid by Ezi pay 50% of the total package price is non refundable. IF you downgrade your package after purchasing your package the difference will be given to you in Store Credit or Print Shop Purchases.

LIABILITY & REFUND The client’s payments covers/pays for labour and presentation media in the production of the agreed photos/video. Every effort is taken by the photographer/videographer, to provide the client with agreed product, and dissatisfaction of its contents, although regrettable, will be deemed subjective and is therefore not open for interpretation by the client as grounds for refunds or compensation, for which the photographer/videographer is not liable.

DEFAMATION Any negative reviews of either our photographers/videographers and/or our products/services/images which have not been proven to have fallen outside of these term and conditions including our subjectivity clause will be deemed defamation which we will pursue accordingly.

ACCIDENT & DAMAGE The photographer/videographer, cannot be held responsible for any personal injury/accident or damage during a video shoot. The client is free to take out their own insurance, there are many wedding insurance policies available.

DAMAGE TO HAWTHORNE CREATIVE EQUIPMENT

Guests are not allowed to touch handle Hawthorne creative equipment. Damages from guests may result in an extra charge to the client.

ALTERATIONS & CORRECTIONS (FOR VIDEO ONLY) 1. After taking collection of the agreed video, any requests for alterations will be undertaken free of charge and at the digression of the videographer (eg. Spelling mistakes that are not the fault of the videographer, arrangement/change of music), and shall be limited to one revised video. Further corrections will be seen as a new job/contract and therefore chargeable. 2. The client has 14 days from the date of collection to return the video for any corrections or alterations to be undertaken free of charge.

ALTERATIONS & CORRECTIONS (FOR PHOTO ONLY) 1. While every effort is made to shoot flattering photos using posing and angles we take no responsibility for photos which you may deem unflattering. All photos supplied are fully edited for colour grading, exposure, tone & shadows etc we do not photoshop the image in any way which include the adding in and/or the removal of people, persons or objects and/or body parts including, face, hair, teeth etc. We. can however remove minor stains or blemishes. We will however make every effort to recitfy any editing issues on our end to the best of our ability. The client has 14 days from the date of receiving the gallery to advise us of any editing changes.

STYLE AND COLOUR When choosing to book us for your wedding please be sure to to check both our website and our social media to ensure that you are happy with our colour and style which we describe as classic muted with candid posing to ensure you are happy with this as we will not be changing our editing style.

LIVE STREAMING – Whilst every effort is made to maintain a steady internet connection we have no control over the quality of the internet connection and are not responsible for the outcome

PHOTOBOOTH

Hawthorne creative shall no shall not be held responsible for photobooth malfunction due to battery failure or rough treatment by guests. Please note that no refunds are given if the photobooth is unable to be supplied. We reserve the right to not supply the photobooth without notice.

Rough treatment may result in the booth being put away early.

CANCELLATION POLICY DUE TO COVID-19 – Where a wedding is cancelled due to Covid-19, Hawthorne Creative will make every effort to reschedule free of charge. Should a suitable date not be agreed a full refund is available to the client.

BREAKS

Breaks will be taken at a convenient time at the photographer/ videographers generally when guests are eating. 

20 mins on 5 hr shoot

30 mins on 6 hr shoot

45 min 10 hr shoot

Drinks and food need to be provided to the team throughout the day as well as access to shade and a secure location to store the equipment. Failure to provide adequate vendor meals and water will incur a fee of $300.

SHOOT TIMES

These will vary and will be agreed beforehand.  Shoots may be finish earlier depending if the photographer/videographer is satisfied with the photos or video.

COMPLETION OF PROJECTS

All wedding photo projects take a minimum of 12 weeks to be completed our wedding video turnaround is approximately 4 to 6 months however due to unforeseen circumstances this may extend further but if this happens we will let you know Other projects such as family shoots take approximately 6 weeks. No Raws are given out for either photo or video and no re edits are allowed.

ZERO DEPOSIT

For our zero deposit packages you are required to commit to a direct debit repayment via our Ezy Pay system. The first payment must be made within the first week of booking with us. Please don’t these payments are non refundable and the balance must be paid 7 days prior to your wedding day.