This Agreement Goes Into Effect Immediately Upon Purchase
Client = Wedding Client / Person of Purchase
Vendor = TLIC LLC
Parties = Client + Vendor
Purchase Agreement = Services Purchased from DIY Package Builder on mytlic.com
Purpose of the Agreement
Client wishes to hire Vendor to provide services relating to Client’s wedding as detailed in this Agreement. Vendor has agreed to provide such services according to the terms of this Agreement.
Vendor shall provide Client with the services outlined in the purchase agreement. A detailed record of purchases is kept in client file. This agreement honors the communication between Vendor and Client. The agreement covers the most up to date purchase agreement.
Location and Delivery of Services
Vendor shall deliver Services to Client at the location provided in introduction form filled out by Client.
Delivery of Services. Vendor will provide all Services by one month after event date unless otherwise specified in this Agreement. When the provided Services are tied to the number of guests that Client expects to attend Client’s wedding or other event, Client agrees to notify Vendor with an accurate guest count.
Cost, Fees and Payment
All associated costs, fees, and payment outlined in purchase agreement from mytlic.com are legally binding. Payment must be made according to payment schedule provided during the purchase agreement online or in print.
Exclusivity. Client understands and agrees that he or she has hired Vendor exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Vendor hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.
Copyright Ownership. In the event that any copyrighted work(s) are created as a result of the Services provided by Vendor in accordance with this Agreement, Vendor owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Vendor and may be used in the reasonable course of Vendor’s business.
Permitted Uses of Product(s). Vendor grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Vendor with attribution each time Client uses Vendor’s property. Personal use includes, but is not limited to, use within the following contexts:
- In videos on Client’s personal social media pages or profiles; or
- In personal creations, such as a slideshow or personal gift; or
- In personal communications, such as a family newsletter or email or holiday card.
Style. Client has spent a satisfactory amount of time reviewing Vendor’s work and has a reasonable expectation that Vendor will perform the Services in a similar manner and style unless otherwise specified in this Agreement.
Consistency. Vendor will use reasonable efforts to ensure Client’s desired Services are produced in a style and manner consistent with Vendor’s current portfolio and Vendor will try to incorporate any reasonable suggestion made by Client. However, Client understands and agrees that:
- Every client and wedding is different, with different tastes, budgets, and needs;
- Videography & Photography services are often a subjective art and Vendor has a unique vision, with an ever-evolving style and technique;
- Vendor will use its artistic judgment when providing Services for Client, which may not include strict adherence to Client’s suggestions;
- Although Vendor will use reasonable efforts to incorporate Client’s suggestions and desires when providing Client with the Services, Vendor shall have final say regarding the aesthetic judgment and artistic quality of the Services;
- Dissatisfaction with Vendor’s aesthetic judgment or artistic ability are not valid reasons for termination of this Agreement or request of any monies returned.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Vendor.
Loss of Product. In the event that any or all product(s) are lost, such as damage to or loss of a component of the product necessary for final delivery, Vendor shall refund Client a pro-rated portion of the Total Cost based on the amount of Services that were completed/provided against the amount of Services that were agreed to be completed/provided.
Indemnification. Client agrees to indemnify, defend and hold harmless Vendor and its affiliates, employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) Vendor provides to Client.
Cancellation, Rescheduling and No-Shows
Cancellation, Rescheduling of Services or No-Show Client. If Client desires to cancel Services, reschedule Services, or if it becomes impossible for Vendor to render Services due to the fault of the Client or parties related to Client, such as failure of the Wedding to occur or failure of one or more essential parties to the Wedding to show up in a timely manner, Client shall provide notice to Vendor as soon as possible via the Notice provisions detailed in this Agreement. Vendor has no obligation to attempt to re-book further Services to fill the void created by Client’s cancellation, rescheduling, no-show or if it becomes impossible for Vendor to provide the Services due to the fault of Client (or parties related to Client), and Vendor will not be obligated to refund any monies Client has previously paid towards the Total Cost. Client is not relieved of any payment obligations for cancelled Services, rescheduled Services, failing to show up for the Wedding , or should it become impossible for Vendor to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing. For instance, if Vendor is able to secure another, unrelated client for the wedding date, then Vendor may choose, at its sole discretion, to excuse all (or a portion of) Client’s outstanding balance of the Total Cost.
Force Majeure. Notwithstanding the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
- A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
- War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
- Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
Failure to Perform Services. In the event Vendor cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:
- Immediately give Notice to Client via the Notice provisions detailed in this Agreement; and
- Issue a refund or credit based on a reasonably accurate percentage of Services rendered; and
- Excuse Client of any further performance and/or payment obligations in this Agreement.
Appropriate Conduct/ Safe Working Environment:
The Client(s) expressly agree(s) to take best efforts to provide [Vendor] and Vendor’s staff with safe and appropriate working conditions. In the event of circumstances deemed by either [Vendor] or a bystander to present a threat or implied threat of injury or harm to [Vendor] staff or equipment, the [Vendor] reserves the right to cancel all services remaining under this Agreement and leave the event. At the [Vendor]’s discretion, the [Vendor] may enact a three-strike policy. After the first offense, the [Vendor] will make reasonable efforts to notify the Client(s) or a responsible party. If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time (maximum of 15 minutes), [Vendor] shall resume work in accordance with the original terms of this Agreement. If the threatening behavior occurs for a second time, the Client(s) will agree to remove the offending person for the remainder of the event. If the behavior occurs a third time, the [Vendor] will immediately leave the event. If the [Vendor] leaves the event early due to any offending behavior, the Client(s) expressly agree to relieve and hold [Vendor] harmless as a result of incomplete event coverage, or for a lapse in the quality of the [Vendor’s] work, and the Client(s) shall be responsible for payment in full.
The Client(s) expressly agree(s) to take best efforts to provide [Vendor] and Vendor’s staff with a safe and appropriate professional relationship. In the event of circumstances deemed to present a threat or implied threat of injury or unprofessional, harassing language or behavior to [Vendor] staff, [Vendor] will make reasonable efforts to notify the Client(s). If the Client(s) is/are able to respond to the threatening situation in a reasonable amount of time, [Vendor] shall resume work in accordance with the original terms of this Agreement. If the inappropriate behavior continues, the Client(s) will agree to relieve and hold [Vendor] harmless as a result of incomplete services under this Agreement, or for a lapse in the quality of the [Vendor’s]work. The Client(s) shall be responsible for payment in full, regardless of whether the situation is resolved or whether [Vendor] resumes work detailed in this Agreement.
Governing Law. The laws of govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via either of the following methods of delivery at the date and time which the Notice is sent:
Merger. This Agreement constitutes the final, exclusive agreement between the parties relating to the Wedding and Services contained in this Agreement. All earlier and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
Data Storage. Storage will be provided of all footage taken indefinitely. There will be a service charge of $300 for reproducing any footage or materials after this contract is satisfied.
Hard Drive. Contractor will provide one (1) 250gb external hard drive with the sorted raw footage and the completed highlight films to be included in the cost prior discussed by the Parties, to be mailed via USPS post to Clients home. Shipping method shall include tracking and will be insured to cover the cost of replacement, in the event that the external hard drive is lost or damaged in a manner during transit that prevents its use. Any additional or recreation of materials such as USB, DVD’s, etc. for the client will require payment agreed upon at a later date by the Parties. Storage will be provided of all footage taken indefinitely
Editing. In the event that the final production is not to the liking of the Client, the Contractor will adjust the production to the Clients choosing a maximum of (1) times. A $80/hr fee will be assessed for each additional recreation of production past (1).
Payment. Payment can be performed online, by credit/debit card or bank account, or by mail, by cash or check, to 12071A Greystone Drive Monrovia MD 21770 addressed and written to TLIC LLC
IN WITNESS WHEREOF the Parties have executed this Agreement at time of purchase agreement.