All bookings are subject to the following booking terms.
(A) TBT is in the business of providing event photography and event video production.
(B) The Client has contracted TBT to capture event photography and/or event video at one or more future events.
(C) This agreement comes into effect on the date in which written confirmation of booking for an event and covers any future event photography and/or event video production business between TBT and the Client until such time as the agreement is terminated in writing by both parties.
(2.1) In this agreement the following capitalised words shall have the following meanings:
"TBT" means twobytwo video limited, registered company number 08039703, with the registered office 7 Putney Heath Lane, Putney, London, SW15 3JG.
“Materials” means all audio, visual and audio-visual materials created by the TBT being (but not limited to) negatives, prints, digital video or image files or any digital or physical material currently in existence or yet to be processed or developed.
“Event” means any event TBT has been contracted to create Materials at now or in the future.
“Client” means TBT’s customer.
“Venue” means the location of the Event.
(3.1) A booking is considered confirmed when the Client provides confirmation in writing via email, text message or by other means of communication to TBT.
(3.2) Temporary bookings or "pencilled" bookings are not confirmed bookings.
(3.3) Temporary bookings can be released/cancelled by either TBT or the Client without penalty.
(3.4) Amendments or cancellations to confirmed bookings are subject to cancellation fees, see clause (7).
(4.1) TBT retains all copyrights of all Materials that they create during an Event.
(5.1) TBT agrees to provide the Client with a licence to use the Materials for any non-advertising/commercial purpose including social media, internal use, public use on a website, printing, but excludes re-selling the Materials to a third party and excluding commercial advertising usage without the express written permission from TBT.
(6.1) The Client agrees to pay TBT the full amount stated on the invoice relating to a confirmed booking before the Event takes place.
(6.2) Payments by the Client are to be paid via bank transfer.
(6.3) Invoices are subject to the standard rate of VAT if applicable.
(7) WARRANTIES, UNDERTAKINGS AND INDEMNITIES
(7.1) TBT will use all reasonable skill and care in producing Materials for the Client at an Event.
(7.2) The Client agrees to provide all required information including but not limited to event location, schedule/timings, on-site contacts, brief, adequate permissions from venues in advance of the Event.
(7.3) The Client agrees to indemnify TBT from any claims resulting in indequate Materials being produced if the Client does not provide required information for the Event as discribed in clause (7.2). No invoice shall be voided if clause (7.2) is breached.
(7.4) The Client agrees to indemnify TBT from any claims resulting in indequate Materials being produced based on the personal opinions of composition, style, formatting.
(7.5) The client agrees to indemnify TBT from any claims resulting in indequate Materials being produced due to external factors outside the control of TBT, including but not limited to Venue restrictions, inadequte provisions provided by production staff, errors made by external production staff other than who work directly for TBT.
(7.6) TBT agrees to have in place an insurance policy with adequate Public Liability Insurance to the value of no less than £5 million.
(7.7) TBT agrees to ensure that all crew working on site at the Event are experienced to an adequate level for the requirements needed to capture the Materials.
(7) TERMINATION AND CANCELLATION
(7.1) The Client may cancell a confirmed booking with TBT but are subject to the following cancellation fees:
50% of the total invoice amount if cancelled 7 days or more from the date and time of the Event.
100% of the total invoice amount if cancelled 48 hours or less from the date and time of the event.
(7.2) The Client is required to pay the cancellation fees to TBT no later than 30 days after recipt of invoice.
(8) ASSIGNMENT AND VARIATION
(8.1) The Client may not assign or transfer any of its rights under this Agreement without the prior written consent of TBT.
(9) FORCE MAJEURE
(9.1) Neither the Client nor TBT shall be liable to the other for any delay or failure in the performance of its obligations (other than for an obligation to pay sums of money) where such delay or failure results from any event beyond its reasonable control (“Force Majeure Event”) provided that the relevant party:
(9.1.1) promptly gives notice in writing to the other party of the Force Majeure Event and its expected duration and uses its best efforts to remove such Force Majeure Event; and
(9.1.2) resumes complete performance of its obligations as soon as possible.
(10.1) A person who is not a party to this Agreement has no right to enforce any term of this Agreement.
(10.2) If any term of this Agreement is found to be illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining terms, be deemed omitted from this Agreement and shall in no way affect the legality, validity or enforceability of the remaining terms.
(10.3) The relationship of the parties is that of independent contractors dealing at arm’s length. Except as otherwise stated in this Agreement, nothing in this Agreement shall constitute the parties as partners, joint venturers or co-owners, or constitute either party as the agent, employee or representative of the other, or empower either party to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
(10.4) This Agreement shall be governed by and construed in accordance with the laws of England and Wales, and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.