Terms & Conditions
- “Company” refers to Viral Element, LLC, its lessees, contractors, sub-contractors, employees, or agents. “Client” refers to the Bride, Groom, and any other person paying for all or a portion of the products or services contracted. If any portion of this agreement is determined to be invalid, or unenforceable for any reason, it is agreed that the invalidity of such portion shall not affect the validity of the remaining portions of this agreement. By signing, the client certifies that they have read and agree to all terms of this contract and to the limitations and conditions within.
- The non-refundable deposit is payable at any time to reserve your wedding date. The final balance is due two weeks prior to the date of your event. No cinematographer will begin filming until all balances due are paid in full.
- In the event that more than one client wishes to book wedding services on the same day, preference will go to the first client to pay the deposit.
- All payments may be paid online upon signing this contract agreement or mailed to our headquarters located at 136 Old San Antonio Road, Suite 104 Boerne, Texas 78006. If paying by check, please make payable to Viral Element.
- Adding Time During Event: If a client wishes to add time to an event during the event, then they will be billed at a rate of $450 per hour or $280 per half hour. Clients will be provided with an online service addendum to sign electronically during the event and will be billed afterward. No files will be delivered to the client until payment is received in full for any time added during the event. If a client fails to provide payment within 6 months of signing the addendum then the contract will be void and all materials may be edited on an hourly basis at a rate of $150 per hour.
Travel & Holiday
- Travel Fees will be charged if our teams in the surrounding area are already booked for the date in question. For any events outside of our normal operating areas require hotels, flights, or vehicle rentals, all expenses will be approved by the client and incorporated into the booking fees. If the location of the event requires multiple days of travel, then the client will be charged a rate of $150 per day, per cinematographer.
- Travel more than 50 miles will accrue mileage expenses at the rate of $0.75/mile over 50 miles.
- For any event that falls on a weekend nearest to a major holiday (Thanksgiving, New Year’s, Christmas), a $250-holiday fee per cinematographer will be applied to the total cost of the package. This fee is in place to cover the additional expenses required for your cinematographer to be available on those dates.
- In the event of a ceremony or reception location change, the client may be subject to additional travel fees as listed in section 2.
Production of Wedding Day
- Audio Recording: Due to a variety of potential problems with venue restrictions, access to audio feeds, and interference, we can not guarantee high-quality audio recording of vows, toasts, or other speeches/ceremonies.
- Aerial Cinematography: This is subject to the rules outlined in the Federal Aviation Administration’s Small UAS rule (Part 107). All flights are at the discretion of the aerial cinematographer on site and local law enforcement. In the event that aerial cinematography is not possible on the day of your wedding, Viral Element will not be liable to provide any refund.
- Other Vendors: Our cinematographer teams make every effort to work with your other vendors hired for tasks such as photography, DJ, florals, etc. in order to ensure a successful event.
- Vendor Meals & Breaks: If video coverage is greater than 6 hours, Client will provide a meal to the cinematographers when guests are served. If no meal is provided then all cinematographers will be allotted an appropriate amount of time to go find food. Viral Element will not be responsible for coverage lost during this period of time.
- Access: It is the client’s responsibility to secure access to areas for cinematography. Viral Element will not be responsible for coverage lost due to access restrictions. Client assumes all responsibilities for obtaining any necessary permission, clearance permits, insurance, etc., which may be required for Viral Element to video record each event, public or private. Client assumes all responsibility for obtaining and retaining permission for access to any requested video camera positions and is solely responsible for the quality of the final product resulting from the use of, or inability to use such video camera positions.
- Talent Release: The client warrants that he/she has the legal rights to anything Viral Element will video record; including photos, musical recordings, or any other materials delivered to Company for inclusion in the client’s final video.
- Sub-Contractors: Company shall have the exclusive right to enlist and direct the services of contractors and/or sub-contractors.
Editing & Delivery
- Turnaround Time: During the booking process clients will be provided an estimated turnaround time for receiving their finished films. In order to ensure the best quality, it is at Viral Element’ discretion to determine the amount of time it will take to edit the final videos. If the final videos are not delivered within 12 months of the date of the event, without cause, then the client will be refunded no more than the amount paid.
- Errors: Editing errors are corrected at no charge (i.e spelling, technical errors). Two weeks after delivery of film, Company is not liable for any requested changes.
- Revisions: Any requested edits or revisions after the video has been delivered digitally will be charged at the current rate of $150.00 per hour for editing and labor plus additional licensing or miscellaneous fees. Allow an additional 4-6 weeks for revisions. Viral Element reserves the exclusive right to edit all video.
- Music Selection: Just as filming style is at the discretion of the cinematographer, editing style is at the discretion of the editor. All clients will be provided with style choices to assist the editing team in choosing the soundtrack. Songs can be requested up to one week after the client’s wedding date. Requests will always be considered but can not be guaranteed due to licensing and style restrictions. If a song change is requested more than one week after the date of the event and/or initial delivery then the client will be charged for re-editing costs at the rate of $85.00 per hour.
- Copyrights: The client is acting as agent for all members of the party and guests and grants Viral Element all rights for display, broadcast, exhibition, promotion, and advertising use of all images produced under this contract. The finished works will also remain the property of Viral Element.
- Ownership: Company reserves the right to use these videos for display, publication or other purposes with written permission from the client. All video masters and raw footage remain the exclusive property of Company. Raw Footage can be purchased at a rate of $600 which includes all material gathered on the date of the event.
- USB & Disc Delivery: Viral Element produces USB, Blu-ray, and DVDs using the most compatible media for set-top players and computers. Viral Element is not responsible for incompatibility with the USB Drives, Blu-ray or DVDs discs created and the client’s player.
- Backups: Finished Production will be stored in Company’s database for a term of 12 months from the date of delivery.
- The client agrees to have critically viewed samples of Company’s video work and hereby grants full editorial and production control to Company, regarding all aspects of the production and post-production services for the event.
- Client acknowledges that he/she is familiar with the Company’s portfolio and is requesting services with knowledge of the company’s style and that the Company’s work is constantly evolving; that the Company’s services are of a unique and artistic nature; that the video may be different from video done by the company in the past; and that in creating the videos we shall use our own creative artistic judgment to create images consistent with our personal judgment and vision of the event, which may be different from the clients and or the subject’s vision of the event. Accordingly, the client acknowledges that the videos shall not be subject to rejection on the basis of taste or aesthetic criteria.
Viral Element will be the exclusive professional cinematographer and will have full creative control of all production. Friends and family are permitted to operate video cameras on the condition that they do not interfere with or get in the way of professional coverage. Any conflicts with other photographic or video coverage contracts, and any notifications necessary to avoid such conflicts, are the sole responsibility of the client.
Company will not be liable to the Client for any loss resulting from an act of God, natural disaster (including but not limited to fire, earthquake, storm, hurricane, flood, lightning, tornado), an accident of any kind, an act of the public enemy, war, general arrest or restraint of government and people, civil disturbance or similar occurrence, terrorist attack, general disruption of the Internet, or general inability of national carriers to make scheduled deliveries.
Limitation of Liability
If Company fails to provide the services hereunder due to reasons other than those listed in Paragraph 6 herein, Client’s recovery and Company’s liability is limited to the total amount paid from Client to Company under this Agreement and Company will have no further liability to Client, regardless of the total amount of costs or damages claimed by Client. Client’s recovery is also limited to the total amount paid from Client to Company under this Agreement in a situation where the digital files are lost or damaged through camera malfunction, where Company’s camera(s) memory cards are stolen, or where Company’s equipment is otherwise lost or damaged. If only a portion of files is lost, stolen or damaged, refund to the client will be in reasonable proportion to the number of lost files.
The Assumption of Risk; Release of Company. The Client is responsible for and assumes the risk of injury to Client throughout the wedding day coverage. EXCEPT AS SET FORTH IN PARAGRAPH 7, CLIENT, THEIR HEIRS, ASSIGNS AND NEXT OF KIN, AGREE TO FULLY RELEASE COMPANY, AND COMPANY’S EMPLOYEES AND INDEPENDENT CONTRACTORS FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LITIGATION OR OTHER ACTIONS THAT CLIENT MAY HAVE FOR INJURIES, DISABILITY, OR DEATH OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN TORT, CONTRACT, BREACH OF WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF THE COMPANY, COMPANY’S EMPLOYEES OR INDEPENDENT CONTRACTORS.
Cancellation & Refunds
- Change of Date: In case of a change in the time or date of the Event, Viral Element shall make reasonable efforts to accommodate the change. However, if the new time or date conflicts with Viral Element existing schedule, Viral Element reserves the right to terminate the Agreement. In the event of such termination, Client shall forfeit any previous non-refundable deposits.
- Client Cancellations: The client reserves the right to terminate the contract for any reason at any time up to the date of the event. Should the client terminate the contract, all money paid less the non-refundable deposit described in Section 1.1 will be refunded up to two weeks prior to the date of the event. Should the client cancel within 2 weeks of the event, then the client will be liable for 100% of the contracted rate.
- Company Cancellations: If Viral Element fails to comply with the terms of this Agreement due to any event at or beyond the control of Viral Element, including but not limited to illness, accident, labor disputes, Acts of God and other catastrophes, or uncontrollable and unforeseeable equipment failure, Viral Element’s liability is limited only to a refund of all money received.
In the event that the client is in breach of any terms or agreements within this contract, Viral Element has the right to cancel all remaining services and refund any balance for work not yet completed.