Photography & Videography - Terms & Conditions

(Effective as from 26th July 2022)

1. This Photography & Videography Terms & Conditions is only between SK'EYES LTD and the future newlyweds or wedding planner or any party responsible of the payment.

2. Payments - A non-refundable reservation fee of 50% of total amount is required to hold shooting dates and pre-production planning, 25% of the payment must be done at the latest one week before the wedding date and the remaining 25% must be completed upon delivery of the final product(s).

3. Artistic Release -  i) While choosing SK’EYES LTD services, the client is considered to have reviewed its portfolio and to agree and accept its photography style and colors.

ii) Photo editing consists of basic retouching of contrast, brightness, saturation and cropping only. It does not imply any ‘photoshop-editing’.

iii) Videography service consists of a basic video editing and does not imply any special effects or 3D animation.

iv) Wedding Videos - refers to a chronological event coverage of the event

v) Wedding Highlights - refers to a 3 to 7 minutes artistic video highlights of the best moment of the event, not necessarily in chronological order.

4. Delivery of Finished Product - i) Clients will receive the link to their private wedding album photo and/or video as well as the code to access it via email or any online messaging service. Wedding albums can also be picked up on a USB Drive, printed photos and/or photobook (if applicable) in person or a representative of SK'EYES LTD may deliver the products upon agreed condition.

ii) Delivery options are: private online album, USB Drives, printed photos and photobooks (depending on chosen package).

iii) Final product should be ready within 1 month for wedding photos and 3 months for wedding video(s) after the event’s date but may vary depending on availability and wedding seasons. In case of any delay, SK'EYES LTD should inform Client accordingly.

5. Postponement/Cancellation - i) In case of a postponement of the event, the reservation fee is not refundable. If the event is postponed for not more than 3 months, then SK'EYES LTD should consider moving to the postponed date upon its availability. If event is postponed for more than 3 months, then the event will be considered as cancelled. Postponement must be communicated at least 14 days prior to the event. Failure to do so, will result in a postponement fee of 10% of the chosen package.

In the event of postponement, SK'EYES LTD will use commercially reasonable efforts to accommodate Client’s change. If SK'EYES LTD is not able to accommodate Client’s change despite using commercially reasonable efforts, the parties agree that such Rescheduling will be deemed as Cancellation by Client and that SK'EYES LTD will be under no obligation to perform the Services other than on the original date of the Wedding.

ii) In case of cancellation of the event, the reservation fee is not refundable.

iii) SK'EYES LTD reserves the right to cancel the booking in case of events outside of our control (sickness, injury, death, quarantine, etc...). In this case, client will receive a 100% refund of the booking made within 2 months.

6. Liability - SK'EYES LTD liability is limited entirely to the reservation fee and any deposits paid. SK’EYES LTD should not be held responsible for any event or act considered as "outside the control of SK'EYES LTD", for example any natural disaster or any event/person compromising the event’s planning. SK'EYES LTD shall not be held liable for injury or damages exceeding the value of this agreement.

7. Assigns/Substitutions – i) It is the sole responsibility of SK’EYES LTD to assign the role of each photographer & videographer.

ii) Client will not be required to supply any photography or videography equipment to SK'EYES LTD.

iii) SK'EYES LTD will ensure that the services are performed in a good, expedient, workmanlike and safe manner, and in such a manner as to avoid unreasonable interference with Client’s activities.

iv) In the event of illness or any reason beyond the control of SK'EYES LTD, SK'EYES LTD reserves the right to substitute for the photographer(s) and videographer(s) assigned. In the unlikely event that no substitute is obtained, SK'EYES LTD shall terminate this Agreement and shall return the Deposit and all fees paid by Client, and thereafter shall have no further liability to Client.

8. Authorization- i) All authorizations and fees to access wedding venue(s) will be on Client's responsibility.

ii) It is also the sole responsibility of the client to make sure that the use of drone (if applicable) is authorized at the wedding venue(s).

iii) SK'EYES LTD reserves the right to refuse using drones in flight restricted zones.

9. Production - i) SK'EYES LTD ensures maintenance of equipment and backup of data. In the unlikely case of an equipment failure or data lost by corrupt file(s), SK'EYES LTD will not be held responsible but ensures to encounter any possible actions to recover the data and take responsibility for any applicable charges.

ii) Lighting at event location(s) should not be too dimmed. Laser lights above Class 3 should not be used at the Client's event and excessive smoke from smoke machines should be avoided. Failure to accommodate lighting requirements will cause grainy, unclear images, limited or no coverage.

iii) Any third party should not interfere within the existing deal between the Client and SK’EYES LTD.

iv) All photos will be representative of the actual event. SK’EYES LTD does not take responsibility for any unexpected situation, event or person which may compromise the photo shooting.

v) SK’EYES LTD reserves the right to refuse shooting in case where SK’EYES LTD properties or staffs are at risk (for example rain, fire, storm, big wind, or dangerous/inaccessible places), but the team remains open to find another option together with the Client.

vi) SK'EYES LTD reserves the right to terminate coverage and leave the event if member(s) of the team experience hostility, inappropriate or offensive behavior from any person at the event.

vii) SK’EYES LTD is ready to work up to a cyclone Class 2 alert. In case of Cyclone Class 3, staffs of SK'EYES LTD will not be able to be present at the event or will immediately stop working and leave if the event has already started.

viii) In the unlikely case that a huge traffic, flash floods, riot, strike, pilgrimage, or any other event prevents staffs of SK'EYES LTD from attending the event on time or not attending it at all, SK'EYES LTD should not be held responsible and shall inform the client accordingly.

ix) Client acknowledges and agrees that SK'EYES LTD will be the exclusive provider of the Services in coverage of the Wedding, unless otherwise agreed to by the parties in writing.

10. Post-production - i) Wedding Packages include one video editing only. SK’EYES LTD offers re-edits only in case of technical errors (Ex: black scenes, error in image or sound).

ii) All requests and details concerning the wedding video(s) like video length, songs to be included and end credits (if any), must be communicated at latest 10 days after the wedding. Or else, the editing music, title and lengths will be upon the editor's decision.

iii) Additional video editing is chargeable.

11. Meals - When the number of hours that Photographer & Videographer will be providing the Services is expected to exceed 5 hours in duration, Client accept to provide a meal to SK'EYES LTD Staffs. In case that Client has not plan to do so, SK'EYES LTD Staffs will absent themselves from the event for a maximum of one hour to have an appropriate meal.

12. Rights – i) The general rule under copyright law (Copyright Act 2014) is that the creator of an image (the photographer/ videographer) owns all rights to it. After the final payment, the clients will have all the rights to print, use, publish and make copies of their photos & videos. However, SK'EYES LTD remains the image creator.

ii) For advertising purpose, some photos, wedding highlights or parts of wedding video may be used on our social networks (Website, Facebook & Instagram) and printed or displayed on brochures, magazines and any other platform.

iii) It is the sole responsibility of the client to ensure that there are no copyright infringements in the delivered product.

iv) SKEYES LTD shall abide to any Government Law in force at the date of the event.

13. Model releases - Client must ensure that all the guests present at the event accept being filmed and photographed.

14. Usage - Clients receive the final edited JPEG format photos & MP4 format video only. The raw files remain with SK'EYES LTD.

15. Collaboration – i) SK'EYES LTD will work closely with the client to deliver the final product. Clear and efficient communication between the client and SK'EYES LTD is key to getting a project done on time and within the budget.

ii) Every effort must be done by the Client and SK’EYES LTD to reach the expected final result.

16. Compatibility - SK'EYES LTD delivers every photo in standard High Quality JPEG format and MP4 format video. Final delivery will be on a private online album and/or a USB Drive 2.0 up to 32 GB. SK'EYES LTD is not responsible for incompatibility with this format and Client's media reader.

17. Archival - i) SK'EYES LTD will keep all event/project data on its database for 7 days after final product delivery. Archival beyond that time is the client’s responsibility.

ii) If final products have not been collected 6 months following the event and the client does not show any interest in receiving them, all raw footage and final product should automatically be deleted.

ii) If the client wants to postpone the delivery of the final products, an official request must be made to SK’EYES LTD. An additional storage fee may be applicable.

18. Epidemic/Pandemic Outbreak

Here is the different arrangements in case of an epidemic, pandemic outbreak or any similar cases (Ex: COVID-19):

Booking - Booking will be done through online discussions, bank transactions, and telephone exchanges only.

Delivery - Delivery of photos will be done online only. If public gathering is not recommended or prohibited, delivery time will be postponed until further notice. Wedding photos will be kept until it is safe to proceed with deliveries.

Postponement / Cancellation - In case of a postponement of the event, the reservation fee is not refundable. However, postponement time will be extended from 3 to 5 months (see Term 5 above). If the event is postponed for not more than 5 months, then SK’EYES LTD should consider moving to the postponed date upon its availability.

Safety - For safety reasons, SK'EYES LTD staffs may be wearing masks and/or any other protective equipment at the event.