Terms & conditions

1. Arrangement

Bhowmik Dave Films & Photography agrees to provide Client with event service purchased including but not limited to photography and cinematography. Client agrees to accept the services and pay for it in accordance with the terms of this Agreement.

2. Retainer

Client agrees to pay to Bhowmik Dave Films & Photography, upon execution of this contract, the non-refundable retainer fee. Client expressly acknowledges that in accepting this arrangement, Bhowmik Dave Films & Photography is foregoing other opportunities and that the Retainer is to secure Bhowmik Dave Films & Photography schedule for the day of the Event date and to protect Bhowmik Dave Films & Photography against cancellation resulting in loss of income.

3. Change of Date / Venue or Cancellation:

In the event of a cancelled or rescheduled event, bhowmik dave films & photography requires notification in writing sent by email or fax, prior to the event date. This is the method of cancellation agreed upon by all signing parties and the only method of cancellation that will be accepted. In the event that the event is rescheduled to a date upon which bhowmik dave films & photography is unable to provide services, client shall forfeit the retainer, client will be responsible for any additional travel expenses or fees necessary for bhowmik dave films & photography to still cover the event. If the event is canceled within 90 days of the wedding, client shall be responsible for the full price of services contracted. In the event the venue for the event is changed, client will be responsible for any additional travel expenses if deemed necessary by bhowmik dave films & photography

4. Reserved Rights:

• We reserve the right to use digital files and/ or reproductions of your event for, advertising, display, publication, portfolios or other purposes. This includes but not limited to our facebook page, our website, and/or any magazine ads as well as any social media, websites, and/or magazine ads of any of our partner companies
• It is expressly acknowledged, understood and agreed by and between bhowmik dave films & photography and the client, that bhowmik dave films & photography owns all copyrights in the negatives, preview and any photographs or videotapes produced by bhowmik dave films & photography. The engagement of bhowmik dave films & photography by client does not constitute work for hire as defined by the united states copyright act.
• Exclusive photographers and/or cinematographers: Bhowmik dave films & photography and its staff must be the only professional photographer and cinematography company covering your event. If bhowmik dave films & photography is only contracted for photography and/or cinematography services, then no other photography and/or cinematographer may cover the event. No third party professional photographer (or anyone with a professional camera), and cinematographer, if applicable, can be photographing or taking video (if video is applicable) any part of the event
• Client acknowledges that, as the copyright owner, bhowmik dave films & photography may display, show or advertise any photographs taken by bhowmik dave films & photography and client hereby releases bhowmik dave films & photography from any claims and/or liability as a result of their inclusion in any promotional or similar use. If the client wants raw footage, it must be purchased.\
• Client may not alter, crop, change the color, add filters to, or change the edited images/videos in any way.

5. Agreement/ Jurisdiction:

• Electronic communications, transaction, and signatures: Visiting the services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
• The person(s) whose signature(s) appear on this contract, known as “client”, agree that bhowmik dave films & photography shall provide services including but not limited to photography, videography, and live stream of the event and related events to the best of their abilities, in the manner described in this document. This is a binding contract, which incorporates the entire understanding of the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement. The laws of the state of north carolina shall govern this contract, and any resulting arbitration shall take place within union county, north carolina. Client assumes responsibility for all collection costs and legal fees incurred by bhowmik dave films & photography should enforcement of this contract become necessary. 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 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.
• We require that all communications between us take place only by the individuals that sign this contract. We require that one individual be assigned to be our contact for the day(s) of the event(s). Clients may requests calls via text or email to set up a call with bhowmik. Bhowmik dave films & photography’s business hours are 9:00 am to 4:00 pm monday through friday. Any communication outside of these times will occur on the next business day. We will attempt to be diligent in communications returned within the same business day; however, due to unforseen circumstances, may be returned at a later day.
• Any modifications to the contract must be done in writing and signed by both parties, or email acknowledgment.

6. Photographer Substitution:

• The bhowmik dave films & photography may substitute another photographer to take the photographs in the event of the photographer/cinematographer’s illness or of scheduling conflicts. In the event of such substitution, the company warrants that the photographer taking the photographs shall be a competent professional.

7. Failure to Perform:

• Due to the limited and subjective nature of the event, bhowmik dave films & photography cannot be held responsible for requested video footage not taken or missed, lack of coverage resulting from weather conditions, or schedule complications caused by but not limited to, anyone in or at the event, or by the venue, or location restrictions. Bhowmik dave films & photography is not responsible for the lack of coverage due to weather conditions or scheduling.
• We will work with you and decide where the optimal placements of the cameras would be. If in the event the cameras get blocked by either guest or other professionals, we will try to move the camera, however if we can carry on without that camera, we will not try to move the camera. We will strive to stay out of the way during the actual events which includes adjustment of the equipment in front of the events. Bhowmik dave films & photography cannot be held responsible for any individuals or anything that blocks the use of a camera, and no refunds will be issued if blockage cannot be cleared, causing bhowmik dave films & photography to miss key moments.

8. Force Majeure:

• If bhowmik dave films & photography or its assigns, cannot perform this agreement due to a fire, casualty, covid-19, strike or other civil disturbances, acts of god, including but not limited to, road closures, severe traffic, fire, terrorism or other causes beyond the control of the parties, or due to the illness of any member of bhowmik dave films & photography, then bhowmik dave films & photography shall return any moneys paid by the client, less expenses and retainer fee. This limitation of liability shall also apply in the event that video footage materials are damaged in processing, lost through camera malfunction, compact flash card malfunction, lost in the mail, or otherwise lost or damaged without the fault on the part of bhowmik dave films & photography

9. Equipment Damage:

• In the event that any of our equipment is damaged either by guest of the event, other professionals, or from any other cause outside the control of bhowmik dave films & photography, it will be the client’s responsibility that the equipment repair fees or replacement fee are paid for.

10. Food, Travel, and Accommodations Preparations:

• Bhowmik dave films & photography photographers and cinematographers will be given at least 3 hours in between events to have a break, which includes, but is not limited to, eating meals, resting, and recharging equipment. The client agrees to provide the same meals as served to the guests, during the same time the guests eat. This time taken for team members to eat will be in rotation, so as to not miss any key moments. If your event is outside of charlotte, nc than travel expenses and hotel expenses will apply. You can either allow us to book any necessary rooms and add the cost to the final amount due, or you may simply provide us the room(s) as agreed to by the quote. Bhowmik dave films & photography will ultimately decide if lodging needs will be necessary and written in the quote portion. One room per person, from the night prior to the events beginning and checking out the day after events end, will be required at the wedding venue. If the wedding venue is not a hotel, than a hilton or marriott hotel, which is located within 15 minutes driving distance from the wedding venue is required. Travel expense, if deemed necessary by bhowmik dave films & photography, will be calculated and submitted to the client in the quote, as well as included on the invoice.
• If appropriate accommodations are not given to bhowmik dave films & photography, client agrees to pay the fees associated with necessary arrangements made by bhowmik dave films & photography. The client releases bhowmik dave films & photography from any responsibility for any moments missed, if appropriate accommodations are not given beginning the day before the events.
• If necessary, client assumes responsibility for obtaining all permits necessary to shoot in a particular venue and is responsible for paying the fees associated with those permits, along with any other fees for use of the venue. Bhowmik dave films & photography will assist the client in obtaining permits if necessary.
• If flights are required to travel to the wedding events, the client is responsible for paying local travel fees, included but not limited to: Car rental fees, uber/lyft/taxi/ect fares. Client also agrees to cover any bus or rail fees, additonal bag-check fees, parking garage fees, tolls, or any other unplanned expenses related to travel. This will be invoiced under the existing order and the client will pay as a part of the existing order. The client may also request to be invoiced separately in writing. Client releases bhowmik dave films & photography from any responsibility for any moments missed due to delayed travel times.

11. Penalty Fees & Charges

• There is a $100.00 charge for payments returned by the bank for any reason. There will be a $150.00 late payment fee for any payments that are not delivered to bhowmik dave films & photography by the required date. There will be a five day grace period for the first payment. $150.00 late payment fee will be applied on the day after the due date and for every 7 days in which the payment is not received. If paying by check, it must be mailed via ups or fedex with a tracking number and received before the due date. The editing of the client’s photos and videos will only begin once the full payment is received.

12. Cooperation for Pre-Productions

• The client is responsible to attend any pre-production meetings requested by bhowmik dave films & photography to ensure proper planning of the events’ coverage by bhowmik dave films & photography. The pre-production includes but not limited to a basic floor plan of venue, photographs if available, and a schedule of the event. If these meetings may not take place in person, requested information can simply be emailed to us, with a follow up phone call. If after this step bhowmik dave films & photography demes that a face-to-face meeting is necessary, then client must make necessary steps in ensuring it takes place. If client fails to cooperate with bhowmik dave films & photography during the pre-productions planning any surprises to bhowmik dave films & photography during the event that leads to loss of photography coverage of the event, we will not be held responsible. Bhowmik dave films & photography will adhere to the final schedule. If, for any reason, the client’s event does not adhere to the given schedule, a 15 minute buffer will be given for coverage without charge, but not past 11pm. After the 15 minute buffer has passed, $400 per hour (up to the hour) will be charged for photography coverage and $400 per hour (up to the hour) will be charged for cinematography coverage.

13. Payment

• Bhowmik dave films & photography agrees to credit the retainer to the total contract price upon client’s payment for services. Client agrees to pay bhowmik dave films & photography services as stated at the beginning or end of this contract.
• The remaining fee must be paid before the beginning of the event on the day of the event, and this is a condition precedent to bhowmik dave films & photography providing event coverage at clients event and providing client with photo and video service. If the full payment is not made, editing of the client’s deliverables will not begin, which will in turn delay the delivery dates of the deliverables.

14. Liability

• Bhowmik dave films & photography assumes no liability in the event film equipment is defective or damaged and the client agrees to hold the photographer harmless from any liabilities and/or damages.
• By signing this agreement, the client releases bhowmik dave films & photography of any liability for damages of any kind, whether mental, emotional, physical or in relation to the production of the photography before, on, or after the event date.

15. Deliverables

• Bhowmik dave films & photography guarantees that by the end of the eighth week after the completion of the last event the client will receive the edited images. Reel and teaser videos are complimentary and music will be selected by the company. The reel will be delivered within ten days, the teaser video will be delivered within twenty-five days. The highlight video music selection will be chosen by the client and requested for before the wedding. Between twelve to fourteen weeks the client will receive the first copy of highlight video. The client will then have an opportunity to review the videos and give bhowmik dave films & photography submit any suggestions or changes they would like to see made (via a review link provided). After receiving these changes in writing bhowmik dave films & photography will make necessary changes to the videos and return the videos within. A maximum of 2 revision cycles are permitted. The total of revisions may not exceed 25% of the entire video. The music selection cannot be changed after editing has begun. The feature film will be delivered between twenty-four and twenty-six weeks. If long videos have been purchased by the client, they shall be completed by the end of the thirtieth week, which will then be uploaded online. If raw data package has beenpurchased, the edited videos and photos will be uploaded to the hard drive and shipped.
• Photography – client agrees that photographer will oversee the selection of final delivered images and that images (which are duplicate or unusable photos), will be deleted 1 year after delivery of final images. If the client wants additional retouching on images, an additional cost will incur. Once the images are delivered electronically to the client, bhowmik dave films & photography assumes no liability for safekeeping of images. It is the client’s full responsibility to ensure the images are backed up and kept safe.
• • cinematography – client agrees that bhowmik dave films & photography will select music for reels, teasers, feature films, and documentary films. The client may select the music for the highlight video before editing begins and may not change the selection thereafter. If the client has musical preferences, they must provide these before the editing begins (ie, before the end of the wedding), in which bhowmik dave films & photography will consider them for other films. The client agrees that the preference for the other films might not be used and is completely under the discretion of bhowmik dave films & photography. Revisions will be allowed only for the highlight film.
• Albums – if albums are a part of the package purchased, the client agrees that 100 pictures may be selected. If necessary, bhowmik dave films & photography has the right to select additional images to ensure an aesthetically pleasing design. The client will be allowed two revision cycles after the 1st draft is delivered. Any additional revisions will incur a $300 design fee for each revision cycle after the two allowed. The client will have 90 days to select their 100 pictures from the day the photo gallery is delivered. The client will have 30 days to respond with any changes after each album layout draft is delivered. If the pictures are not selected within the time period, bhowmik dave films & photography will select the pictures and deliver the layout design for approval (no photo selection changes may occur after this). If the client has not submitted revision or approval for the layout design within 30 days of delivery, then the album will finalize and print to deliver the album. The client understands that the entire process will be completed online and it is the responsibility of the client to ask for clarification if they do not understand the process.

16. Unnecessary Difficulties

• If, for any reason the client or event guests create unnecessary difficulties, bhowmik dave films & photography reserves the right to terminate this contract after a single and fair warning to the client or representative. Unnecessary difficulties include, but are not limited to the following: (1) creating a negative or uncomfortable work environment by harassing, mocking, or in anyway intentionally impeding the work of the photography & cinematography team; (2) use of any unjust or foul language; (3) adding an unreasonable amount of revisions after the itinerary has been agreed upon; (4) repeatedly inquiring about project status; (5) being late to events and asking/expecting bhowmik dave films & photography to complete the same amount and quality of work in a shortened timeframe; (6) repeatedly attempting to re-negotiate hourly rates/product pricing, even after booking; (7) repeatedly overruling or questioning advice/direction given during photo and video sessions; (8) allowing event guests to overrule bhowmik dave films & photography’s advice/direction or scolding team members for any reason.

16. Other Requirements

• We require that we are allowed at least two hours prior to the event(s) to set up.
• Bhowmik dave films & photography will not provide coverage before 6:30 am or after 11:00 pm on any given day and require at least one hour on location to archive and back up all coverage data for that day.
• This agreement is the entire agreement between the parties and supersedes all earlier and simultaneous agreements regarding the subject matter. This agreement may be amended only in a written document, signed by both parties. Independent contractors, third party beneficiaries, and subcontractors. The parties acknowledge that they are independent contractors under this agreement, and except if expressly stated otherwise, none of the parties, nor any of their employees or agents, has the power or authority to bind or obligate another party. Except if expressly stated, no third party is a beneficiary of this agreement. Governing law and forum. All claims regarding this agreement are governed by and construed in accordance with the laws of north carolina, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of law principles, and must be litigated in mecklenburg county, nc, regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in any venue of its choosing.
• If any portion of this agreement is held to be unenforceable, the unenforceable portion must be construed as nearly as possible to reflect the original intent of the parties, the remaining portions remain in full force and effect, and the unenforceable portion remains enforceable in all other contexts and jurisdictions.
• All notices, including notices of address changes, under this Agreement must be sent in writing to Bhowmik Dave Films & Photography.