23/02/2024
GENERAL TERMS OF ENGAGEMENT
This agreement is made effective for all purposes in all respects as of the 1st of January 2024 between Gondola Pictures (hereafter referred to as “Gondola Pictures” and/or “G.P.” and/or “our” and/or “we”), and all clients of Gondola Pictures. The client(s), hereafter referred to as "The CLIENT" or “you”, are defined as those employing the videography services of Gondola Pictures.
These terms and conditions constitute a contract between Gondola Pictures and The CLIENT which The CLIENT is deemed to agree and accept fully at the time from which they confirm — in writing, in person, over the phone, or through any other means — their intention to employ Gondola Pictures’ services. It is agreed that the following terms, as they stand at the time at which The CLIENT indicates their desire to employ Gondola Pictures’ service, constitute a contract between Gondola Pictures and The CLIENT. No variation or modification of this contract shall be effective unless agreed by both parties in writing.
This agreement contains the entire understanding between Gondola Pictures and the CLIENT. It supersedes all prior and simultaneous agreements between the parties. The only way to add or change this agreement is to do so in writing. In the event that any part of this agreement is found to be invalid or unenforceable, the remainder of this agreement shall remain valid and enforceable. Any agreement to waive one or more provisions of this agreement or any failure by one or both parties to enforce a provision of this agreement shall not constitute a waiver of any other portion or provision of this agreement.
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DEPOSITS:
G.P. requires a non-refundable 10% deposit before any wedding date can be confirmed and set aside in our calendar. Until the point at which G.P. receives the 10% deposit from you, we reserve the right to take other bookings for your desired wedding date and, as a result, may no longer be able to film your wedding.
The deposit is nonrefundable or transferable. In the event of cancellation, the deposit is used to offset the loss incurred by Gondola Pictures. The deposit paid will be deducted from the cost of the client's chosen package when calculating the final balance due.
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PAYMENTS:
Payment of your wedding package can be settled in one of the following ways:
- 100% upfront (this grants you a 5% discount on the total cost of your chosen package) at time of booking.
- 10% deposit + remainder, in full, at least two weeks prior to wedding.
- 10% deposit + monthly payments until fully paid (full package amount must be received at least two weeks prior to wedding date).
We understand weddings can be expensive, and for that reason we recommend taking either the first option (to get 5% off) or the last option to spread the expense throughout the year.
NOTE: We will NOT cover your wedding if payment for your chosen package has not been paid in full prior to the wedding day.
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CANCELLATIONS & POSTPONEMENTS:
Should you choose to cancel the use of our services more than three months before your wedding date, you will be reimbursed any money paid to us, minus your 10% non-refundable deposit. You will also be charged, at cost, for any travel and accommodation costs incurred and already paid for by G.P. to attend your wedding.
Should you choose to cancel the use of our services less than three months before your wedding date, a 10% cancellation fee applies. You will therefore only be reimbursed to the point where that fee is paid, or charged whatever amount is still owing. You will also be charged, at cost, for any travel and accommodation costs incurred and already paid for by G.P. to attend your wedding.
Should your wedding date be postponed, we will work with you to avoid any extra expenses but reserve the right to retract our services if we can no longer provide them on the new date. If we can no longer provide our services for your new wedding date, we will reimburse you in full, minus the 10% non-refundable deposit. You will also be charged, at cost, for any travel and accommodation costs incurred and already paid for by G.P. to attend your initial wedding date.
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PERSONNEL:
Gondola Pictures is currently operated by a solo multi-cam videographer experienced in end-to-end filmmaking & a mum to a gorgeous baby boy, based in the Bays area of North Auckland. We are passionate about crafting bespoke fly-on-the-wall style films with candid moments, and are always up for the challenge to do something different for you.
We like to meet our clients face-to-face, or via video call, at least once before your wedding day to build rapport, learn about your story, and hear what’s important to you for the films we create. We’ll work with you to organize a suitable time and place.
Travel & accommodation costs may be incurred by you if you are outside of the Auckland region.
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WEDDING DAY ARRANGEMENTS:
Details of your wedding day timings are to be provided to us at least one week before your wedding. We’re open to all your ideas, but we reserve the final right of judgement as to how best to use our equipment and resources to capture your day in the way that you’ve told us you’d like us to.
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DELIVERY & REVISION:
A first edit of your film(s) will be delivered digitally within ten weeks of your wedding day. Our aim is for this to be delivered within three weeks but this can be up to ten weeks, especially between December and May.
This digital link is provided for you to view and give feedback on the first edit of your film(s). You only have one opportunity for feedback, included in the package pricing. Once we have received your feedback, we’ll make the requested changes and send your final film(s) to you through a pass locked private link into our cloud drive, provided the film(s) have been paid for in full. Additional boxed USB drives can be purchased for $50. Any additional changes requested after the first round of feedback can be made by G.P. at a cost of $150 per hour for editing.
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OWNERSHIP & SHARING:
Once you have fully paid for your film(s), you own them. You own, and are welcome to use however you wish, the final exported versions. You do not own the raw footage and images captured on your wedding day — G.P. retains ownership of that. Unless explicitly agreed upon in writing prior to your wedding day, G.P. retains the right to use and share — in part or in full — all or any video footage and photography we captured from your wedding day.
We will use and share content from your day for purposes including, but not limited to: advertising our business on social media, through online advertising, through public relations (online and offline media articles), and on our website. It is your responsibility to ensure your guests are happy to be filmed and included in the films which we may share publicly.
G.P. will archive a copy of all footage and photography and retained in our server for one year before it is permanently deleted.
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Force Majeure or Act of God:
The validity of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. Although all equipment is checked regularly and all reasonable steps are taken to ensure backup equipment is available, G.P. will not be held responsible for any video which is not produced due to technical failure. We are also not liable for any delays or inability to attend your wedding for reasons beyond our control, including but not limited to: extreme weather events, flight delays or cancellations, vehicle breakdowns, or rental vehicle cancellations.
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Limitation of Liability:
In the extremely unlikely event of a total equipment failure or cancellation of this contract by either party or in any other circumstance, the liability of one party to the other shall be limited to the total value of the contract. Neither party shall be liable for indirect or consequential loss, or any damage to equipment or property incurred while fulfilling this contract.
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Personal Accident:
Any directions issued to clients, their guests, or employees during a shoot are deemed to be at said person’s own risk. We cannot be held responsible for any personal accidents during a shoot.
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Governing Law:
This agreement shall be governed in accordance with the laws of New Zealand.
