1 - General
Starling Films is a sub-brand of Mirjam Cornelisse Films, based in The Hague, the Netherlands.
2517CX Den Haag
These general terms and conditions apply to every assignment, follow-up assignment, offer and agreement, as well as to any legal relationship as a result of or in connection therewith, between Starling Films located at Reinkenstraat 68a in The Hague, Chamber of Commerce registered under number: 66317576 (hereafter: "the Contractor") and the natural or legal person (hereinafter" the Client ") who gives the Contractor an Assignment. A deviation from these general terms and conditions can only be agreed in writing with mutual consent.
2 – Agreement
After the introductory meeting, the Contractor will send a written agreement and invoice. An advance payment of 30% of the total amount is requested. If the advance payment is paid within 14 days after signing the agreement, the agreement is valid. The remaining amount will be billed 30 days before the wedding and must be paid within 14 days after sending the invoice. Any extra work or travel and accommodation costs will be invoiced after the wedding.
3 - Materials
The Videographer shall make the highlight film proof available to the Client through an online video website within 12 weeks of the wedding. Request for changes to the highlight film shall be made within 30 days following delivery of the online video. If the requested changes are estimated by the Videographer to cost more than 2 hours of work, additional fees will be charged to Client. If Videographer receives no answer from Client within 30 days delivery of the wedding, the video will become final. Prices do not include changes to ceremony and documentary edits. All requested changes to these videos will be done at an extra charge after consultation with Client.
All videography materials, including but not limited to raw footage, proofs, and previews, shall be the exclusive property of the Videographer.
Be advised that videography materials may be destroyed at any time after the final videos have been sent to Client.
4 - Additional Work
The covered time starts half an hour before the bride puts on her dress and ends half an hour after the party has started. If the wedding has a different schedule, then the contractor and client make arrangements in advance about the time covered. No overtime will be calculated without the prior (written or oral) permission of the Client.
5 - Travel and Accommodation
Prices include VAT and travel costs within a radius of 75km from The Hague. If the wedding is held outside this distance, the contractor will charge € 0.25 / km. Accommodation costs are considered as additional costs and are not included in the agreement. If accommodation costs are necessary, the contractor will discuss this with the client in advance. The costs are then added to the final invoice.
6 - Cancellation
The cancellation of an assignment, regardless of the reason, must be received by the Contractor within three months before the reserved date by e-mail or in writing. In case of cancellation 30% of the agreed amount will be charged. For a cancellation within three months before the wedding, 50% will be charged, and for a cancellation within less than a month 75% of the agreed amount will be charged.
If the Videographer is unable to perform this agreement due to illness, emergency, fire, casualty, strike, unsafe environment, threat, or causes beyond the control of the Videographer, the Contractor will not be held liable for missing scheduled session coverage. The Client will have the following choice:
1) The contractor proposes another videographer; the existing agreement continues.
2) The Client has the right to terminate the contract.
7 - Damages
The Videographer will arrive at the wedding to the best of their abilities. If coverage of videography services cannot be fulfilled by Starling films, Videographer shall return the retainer to the client and shall have no further liability.
Further, if the Videographer is unable to deliver videography materials due to technological malfunctions, including but not limited to camera and processing or otherwise lost or damaged without fault of the Videographer, liability shall be limited.
The limit of liability shall not exceed the contract price stated herein. Starling films will not be held responsible for any ruined video due to guests’ (or any other) flashes; or any other ruined videos due to any other cause in or outside of Starling films’s control.
8 - Post production & Copyright
The Videographer shall own the copyright in all video footage created and shall have the exclusive right to make reproductions for, including but not limited to, marketing materials, portfolio entries, sample products, editorial submissions and use, or for display within or on the Videographer’s website and/or studio.
The Client Shall only use the videos in accordance with the permissions within this agreement. The Client’s video files are for personal use only and shall not be submitted into contests, reproduced for commercial use or authorize any reproductions by parties other than the Videographer.
The Videographer retains the right of discretion in selecting the videography materials released to the client.
9 – Desired Footage
At least two weeks prior to the wedding, clients must finalize with the Videographer a schedule of hours, location(s), and other important details via email. It is recommended that the client(s) develop a list of desired locations and subjects (family and friends; items; etc.) and share this with the Videographer 2 weeks before the wedding if desired. he Videographer will NOT be held accountable for not capturing the desired video if there is no one to assist in identifying or gathering people/items/locations for the video(s). The Parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. Starling films is not responsible for key individuals’ failure to be present or to cooperate during videography session, neither for missed images due to details not revealed to Starling films.
It is understood that Starling films will act as the sole and exclusive wedding Videographer. Starling films reserves the right to bring a second videographer of their choice. Since flashes from guests’ cameras and guests blocking ceremony shots may ruin shots taken by Starling films, the client(s) acknowledge(s) that they are responsible for notifying their guests that guest photography and videography shall be limited and not at the expense of the professional Videographer’s work.
10 - Standard Pricing list
The charges in this agreement are based on the Videographer’s standard price list. This price list is adjusted periodically and future orders shall be charged at the prices in effect at the time when the order is placed.
11 - Dutch law
All legal relationships governed by these terms and conditions and any dispute arising from them are subject exclusively to Dutch law.