Terms of Service
Last updated: April 13, 2023
Please read these terms of service carefully. By using Vanity Pictures’ services, you agree to be bound by these Terms of Service.
If you have any questions about these Terms of Service, you can contact us by email: [email protected]
1.1. “Company” refers to Vanity Pictures and anyone working with Vanity Pictures directly as a service provider, contractor, or employee. The term “Company” also includes any future name changes, rebranding efforts, partnerships, or affiliations that may occur, as well as any associated entities, partners, or service providers that may be involved in delivering the services described in this agreement.
1.2. “The Client” refers to any individual or business using our products or services.
1.3. For the purposes of this agreement, anything related to “video, videography, video production services,” or anything related to any work produced with a camera, refers to any services related to the production of video content and photography using a camera, and any photos taken during the shoot will be considered part of the deliverables. The videographer will also be considered a photographer for the purpose of taking photographs during the shoot.
2.1. All moving media creative services are provided under the terms of service listed in this agreement.
Quotations and Payment Terms
3.1. Quotations are valid for 14 days, subject to change without notice. All prices exclude GST, unless otherwise stated.
3.2. Upon acceptance of a quote, a 100% payment is required before work commences, unless a payment plan or alternative agreement has been made.
3.3. Payment can be made via cash, bitcoin, major credit cards, or bank transfer.
3.4. If the Client is late to the shoot, the agreed-upon start and end times will remain in effect. Any additional time required due to the Client’s lateness will be subject to extra charges.
3.5. If the project’s scope changes during the shoot, Vanity Pictures will notify the Client of any additional costs associated with the change. If the change occurs during the shoot, this communication may be verbal. The Client must pay for any additional costs incurred due to changes in project scope within 24 hours.
3.6. All payments and fees specified in this agreement are in NZD, and the Client is responsible for any currency conversion costs.
3.7. In case of late payment, a late fee of 5% per month may be applied. Vanity Pictures reserves the right to suspend or terminate services for non-payment.
3.8. If the balance remains unpaid 24 hours after the shoot, Vanity Pictures may cancel the project, and no refunds will be given.
3.9. No refunds will be given if Vanity Pictures cancels the shoot for any reason or if the Client fails to make timely or full payments.
3.10. If the Client misses payments on the automatic payment plan four times, Vanity Pictures may cancel the shoot, and no refunds will be given.
3.11. The Client must continue making payments on the agreed payment plan until Vanity Pictures receives the full payment, as required by law. Failure to do so may result in legal action.
3.12. In the event that the Client misses four payments on the automatic payment plan, they will have the option to pay off the remaining balance for the shoot in full within 3 business days to secure their booking. If the Client pays the remaining balance within this time frame, Vanity Pictures will continue with the shoot as planned, and the booking will remain secured. Failure to pay the remaining balance within the specified time will result in the cancellation of the shoot, with no refunds provided.
Cancellation and Refund Policy
4.1. Cancellations within 72 hours of the booking date will incur a $500.00+GST fee if the full amount has not been paid. 4.2. Once the full amount has been paid, no refunds can be offered under any circumstances.
4.3. In the event the Client is on a payment plan and cancels the shoot, no payments made will be refunded, and the Client remains obligated to complete all future payments as agreed upon, even if the event or shoot is canceled.
4.4. The Client is responsible for all additional charges related to cancellation, which may include actor’s fees, crew time, equipment hire, venue hire, and work already undertaken by Vanity Pictures.
4.5. In the event of a force majeure event, which includes but is not limited to acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, labor strikes, or governmental actions, neither party shall be held liable for any failure or delay in the performance of its obligations under this agreement due to events beyond its reasonable control. The affected party shall promptly notify the other party, and both parties shall make good faith efforts to negotiate a mutually acceptable resolution, including the possibility of rescheduling or adjusting cancellation fees. However, no refunds can be made under any circumstances in the event of force majeure.
Additional Costs and Travel
5.1. Travel, parking, administration time, and general disbursements will be estimated and listed as separate line items in all quotations.
5.2. Additional charges may apply depending on circumstances, with Client(s) advised prior to contract variations.
Substitution and Filming
6.1. In case of serious personal injury or emergency circumstances, a substitute videographer may be provided.
6.2. In the case where a substitute videographer cannot be provided due to serious personal injury or emergency circumstances, or if the Client declines the substitute, Vanity Pictures’ liability shall be limited to offering a reshoot, if feasible, at no additional cost to the Client, subject to availability and scheduling. No refunds will be provided under any circumstances, in accordance with Section 4.2 of these terms of service.
6.3. Clients must inform Vanity Pictures of any changes to times, dates, or plans that may impact the contract.
6.4. Vanity Pictures will adhere to facility rules and staff directions, and is not responsible for the absence of specific shots due to such restrictions.
6.5. Vanity Pictures is not responsible for not being able to fly a drone in the area if it is illegal or if the weather does not permit.
Turnaround Time and Quality Control
7.1. Turnaround times vary depending on the product or service and are quoted in working business days, excluding weekends and holidays.
7.2. Vanity Pictures strives for consistent quality and conducts extensive checks before, during, and after the process. Dissatisfaction must be reported within 24 hours, with no guarantee for return of payment or additional work after job completion.
Intellectual Property and Copyright
8.1. Preparatory materials and videos recorded by Vanity Pictures remain the exclusive property of Vanity Pictures.
8.2. Vanity Pictures is not responsible for copyright infringements resulting from materials provided by the Client and may refuse jobs that violate any laws.
On-Location Video Disclosure
9.1. Vanity Pictures is not responsible for any restrictions placed by the location, such as lighting, movement, or camera placement. The Vanity Pictures crew will attempt to compensate for any difficulties.
9.2. Vanity Pictures reserves the right to include appropriate credits in the video, and the original raw footage remains the property of Vanity Pictures.
9.3. If the customer wishes to purchase RAW footage, the cost is $1,200+GST.
10.1. Shoots cannot be rescheduled due to cloudy weather. If weather conditions make it impossible to complete the shoot, Vanity Pictures and the Client will discuss rescheduling options.
Revisions and Project Completion
11.1: The Client has 3 days to inform Vanity Pictures of any desired revisions after receiving the video assets via email. The 3-day period commences upon the Client’s receipt of the email containing the video assets. The Client must communicate their desired revisions to Vanity Pictures through email within this time frame. Vanity Pictures is not responsible for the email being directed to the spam folder or not being received by the Client if the email has been successfully sent.
11.2: Vanity Pictures is not obligated to contact the Client through other means to remind them of the deadline or inquire about their readiness for the delivery. In the event that the Client does not respond to Vanity Pictures within the 3-day period, the project will be considered as automatically delivered and completed.
11.3. The Client must provide any additional assets, such as footage, music, or other materials, to Vanity Pictures within 3 days after the shoot. If the Client fails to provide the required assets within this time frame, Vanity Pictures will proceed with the editing process without incorporating the missing assets. This ensures that the project remains on schedule and does not cause unnecessary delays for both the Client and Vanity Pictures.
Equipment Malfunction and Loss of Footage
12.1. Vanity Pictures takes all reasonable measures to ensure the proper functioning of equipment and the safe storage of footage. However, in the event of equipment malfunction, data loss, or other technical issues resulting in the loss or damage of footage, Vanity Pictures’ liability shall be limited to either:
a) A partial refund proportional to the affected portion of the project, or
b) A reshoot, if feasible, at no additional cost to the Client, subject to availability and scheduling.
12.2. Vanity Pictures shall not be held liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from equipment malfunction, loss of footage, or other technical issues.
13.1. The Client agrees to indemnify, defend, and hold harmless Vanity Pictures and its affiliates, officers, agents, and employees from any claim, suit, action, or loss arising from or related to the Client’s use of Vanity Pictures’ services or violation of these Terms of Service, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and legal fees.
Governing Law and Jurisdiction
14.1. These Terms of Service shall be governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with the services provided by Vanity Pictures shall be subject to the exclusive jurisdiction of the courts of New Zealand.
14.2. In the event that a dispute arising out of or in connection with the services provided by Vanity Pictures cannot be resolved through negotiation, mediation, or arbitration, such dispute shall be subject to the exclusive jurisdiction of the courts of New Zealand.
15.1. Vanity Pictures shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use of Vanity Pictures’ services.
16.1. Both parties agree to keep all information and materials provided by the other party confidential, except as required by law, or as necessary to perform their obligations under this agreement. This confidentiality obligation shall survive the termination of this agreement.
17.1. This agreement does not grant the Client exclusive rights to Vanity Pictures’ services. Vanity Pictures is free to provide its services to other clients during the term of this agreement.
Changes in Project Scope
18.1. To prevent confusion and potential disputes, any changes to the project scope must be discussed and agreed upon in writing by both parties. This includes changes to the project timeline, deliverables, or any other aspect that may affect the project’s outcome or cost. 18.2. Vanity Pictures will provide the Client with a written confirmation of the agreed-upon changes and any associated costs. The Client must sign and return the confirmation before the changes are implemented.
Limitation of Liability
19.1: Vanity Pictures’ liability for any claim arising from this agreement or the provision of services shall be limited to the amount paid by the Client for the specific project or a fixed amount of NZD $2,500, whichever is lower. The Client expressly releases Vanity Pictures, its affiliates, officers, agents, and employees from any liability for claims, demands, or damages arising out of or in connection with the use of the final deliverables, even if caused by the negligence of Vanity Pictures or its affiliates, officers, agents, or employees.
20.1. In the event of a dispute between the Client and Vanity Pictures, both parties agree to first attempt to resolve the dispute through good faith negotiation, mediation, or arbitration before resorting to litigation.
21.1. The Client is responsible for providing accurate information, timely feedback, necessary materials, and obtaining any required permissions or licenses to facilitate the project’s completion.
Third-Party Materials and Releases
22.1. The Client is responsible for obtaining and paying for any necessary licenses or permissions for the use of third-party materials, such as music or stock footage, in the project.
22.2. The Client is responsible for obtaining any necessary releases or consents from individuals appearing in the footage.
23.1. Either party may terminate this agreement under the following conditions:
a) Material breach by the other party, which is not cured within 14 days after written notice.
b) Insolvency or bankruptcy of either party.
23.2. Upon termination, the Client shall be responsible for any outstanding payments, and Vanity Pictures shall return or destroy any materials provided by the Client.
Ownership of Final Deliverables
24.1. Ownership and usage rights of the final deliverables will be transferred to the Client upon full payment of all outstanding fees.
25.1. The Client agrees not to directly hire or solicit Vanity Pictures’ employees or subcontractors during the term of this agreement and for a period of one year after the completion of the project.
Warranties and Representations
26.1. Vanity Pictures warrants that its services will be performed in a professional and workmanlike manner, in accordance with industry standards, and in compliance with all applicable laws and regulations. Vanity Pictures does not warrant that the final deliverables will be error-free or without any defects.
27.1. The Client represents and warrants that they have the necessary permissions, rights, and authority to use any content they provide to Vanity Pictures for the project. The Client further agrees to indemnify, defend, and hold harmless Vanity Pictures from any claim, suit, action, or loss arising from the use of such content.
28.1. Upon full payment of all outstanding fees, Vanity Pictures hereby grants the Client an unlimited, worldwide, and perpetual license to use, reproduce, modify, adapt, distribute, sublicense, sell, and display the final deliverables across all channels and media, for any purpose, without any additional fees, royalties, or further permission from Vanity Pictures. Notwithstanding, Vanity Pictures retains the right to use the final deliverables or parts thereof for promotional purposes, as outlined in Clause 29.1.
29.1. Vanity Pictures reserves the right to use the final deliverables or parts thereof for promotional purposes, including but not limited to showcasing them in a portfolio, on social media, or other marketing materials.
29.2. Upon full payment of all outstanding fees, Vanity Pictures agrees that the final deliverables, including all images taken during the photoshoot, shall be used exclusively by the Client. No other party shall have the right to use the images without the express written consent of the Client. Notwithstanding, Vanity Pictures retains the right to use the final deliverables or parts thereof for promotional purposes, as outlined in Clause 29.1.
30.1. Upon full payment of all outstanding fees, Vanity Pictures grants the Client a non-exclusive, worldwide, and perpetual license to use, reproduce, modify, adapt, distribute, sublicense, sell, and display the final deliverables, including all images taken during the photoshoot, across all channels and media, for any purpose, without any additional fees, royalties, or further permission from Vanity Pictures. Vanity Pictures retains the right to use, share, and distribute the final deliverables or parts thereof, including but not limited to submitting them to magazines or other media outlets, for any purpose, and without any additional compensation or further permission from the Client.
31.1. If the Client becomes unresponsive or fails to provide necessary information, materials, or feedback for a period of 3 days, the project may be considered abandoned. In the event of project abandonment, all deposits and payments made by the Client shall be non-refundable, and Vanity Pictures reserves the right to terminate the agreement.
32.1. Both parties agree to keep all information and materials provided by the other party confidential, except as required by law or as necessary to perform their obligations under this agreement. This confidentiality obligation shall survive the termination of this agreement.
Warranty and Limitation of Liability
33.1. Vanity Pictures warrants that its services will be performed in a professional and workmanlike manner, in accordance with industry standards, and in compliance with all applicable laws and regulations. Vanity Pictures does not warrant that the final deliverables will be error-free or without any defects. In no event shall Vanity Pictures be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from the use of the final deliverables.
34.1. The Client is responsible for obtaining any necessary model releases from individuals appearing in the photographs. Vanity Pictures will not be held liable for any legal disputes arising from the Client’s failure to obtain proper model releases.
35.1. The Client is responsible for obtaining any necessary insurance for the shoot, including but not limited to liability, weather, property, or equipment insurance. Vanity Pictures will not be held liable for any damages, injuries, or losses that occur during the shoot.
36.1. The Client is responsible for sourcing and organising their own locations, models, actors, makeup artists, and any other necessary resources or services unrelated to the video production itself for the shoot, unless otherwise agreed upon in writing between the Client and Vanity Pictures. This includes, but is not limited to:
- Securing any necessary permits or permissions for the use of locations and ensuring that these locations are safe and accessible during the shoot.
- Coordinating schedules and providing clear communication with all individuals involved in the shoot, such as models, actors, and makeup artists.
- Providing any necessary wardrobe, props, or equipment required for the shoot, unless specifically included in the video production package or agreed upon in writing with Vanity Pictures.
- Ensuring that all individuals involved in the shoot have a clear understanding of their roles and responsibilities during the shoot.
36.2. By engaging the services of Vanity Pictures, the Client acknowledges and accepts these responsibilities and understands that any failure to fulfil them may result in delays, additional costs, or the inability to complete the video production project as planned.
36.3. Vanity Pictures’ role is limited to providing professional video production services and any agreed-upon post-production work. Any additional services or resources required for the shoot must be discussed and agreed upon in writing before the shoot takes place.
File Retention and Responsibility
37.1. Once the files have been deemed as delivered, Vanity Pictures will delete the files from his storage systems. The Client is responsible for keeping copies of their files and backing them up, as Vanity Pictures is not responsible for retaining copies after the delivery has been made.
Indemnification for Third-Party Claims
38.1. The Client agrees to indemnify, defend, and hold harmless Vanity Pictures from any third-party claims arising from the Client’s use of the final deliverables or their failure to obtain necessary permissions or licenses for third-party content.
Mood Board/Reference Content/Storyboard Disclaimer:
39.1. If the Client provides Vanity Pictures with a mood board, reference content, or storyboard, or if Vanity Pictures creates a mood board, reference content, or storyboard for the Client, it is understood that these materials serve as inspiration and guidance only. The final deliverables may not be identical to the provided or created materials and may, in some cases, not be replicated at all. The Client acknowledges that the final outcome is subject to artistic interpretation and creative direction by Vanity Pictures.
Reasonable Breaks and Coverage Expectations for the creative professional(s)
40.1. The Client acknowledges that the creative professional(s) from Vanity Pictures, responsible for capturing photos or videos, may not be working continuously throughout the entire event or shoot. The creative professional(s) will take reasonable breaks as needed to maintain their health, safety, and performance. These breaks may include, but are not limited to, meal breaks, rest periods, and equipment maintenance or setup. The Client agrees that these breaks are essential to ensure the quality of the final deliverables and will not hold Vanity Pictures responsible for any perceived loss of coverage during these periods.
40.2. The Client further acknowledges that it is not necessary for the creative professional(s) to be capturing photos or videos continuously throughout the entire event or shoot, even if the Client believes it to be important.Vanity Pictures will use its professional judgment and experience to determine the most appropriate moments and subjects to capture. The Client agrees to trust the expertise of Vanity Pictures and will not hold them responsible for any perceived lack of coverage during the shoot or event.
40.3. The Client acknowledges that the creative professional(s), as part of their professional approach, will engage in socialising and connecting with guests during the event, as appropriate. This interaction is an essential aspect of event and wedding photography and videography, as it enables the creative professional(s) to establish rapport with the guests, create a comfortable atmosphere, and capture genuine emotions and candid moments. The Client understands that such interactions may also facilitate better group photos, smoother coordination, and more personalised coverage of the event. Vanity Pictures will ensure that the creative professional(s) maintain a balance between professional responsibilities and guest interaction, prioritising the overall quality of the final deliverables. The Client agrees to support the creative professional(s) in their efforts to foster a positive relationship with the guests and will not hold Vanity Pictures responsible for any perceived lapse in coverage during these interactions.