CONTRACT
This contract would be in between FLAWA and the client(s). This contract is active throughout the session for all the service(s) required from FLAWA's behalf that is including photography, videography, and all things related as agreed upon from the discussion prior to the proceeding to the project confirmation stage. This contract also limits the liability for FLAWA and the client(s) should be aware on every aspect of the contract.
FLAWA
FLAWA would be the identity used to represent Flawa Studio and any of its subsidiary services and sub-brand across all platforms. All personnel involved in the production and execution of a project, would be appointed by FLAWA.
CLIENT
Client(s) should be responsible in providing all information and details needed during the enquiry phase to make sure the project will run smoothly as intended. Time, date, location, full name, phone number and email are among the details that is needed to be informed to FLAWA.
RIGHTS
FLAWA will still retain and bear rights upon all the photos and videos produced. Purchasing the rights of the products is allowed and will be discussed between both parties. Failure to comply, FLAWA reserve the right to make a proceeding in accordance to the law without any prior notice, and all cost will be borne by the client. This include all the behind-the-scene taken by FLAWA before, during, and after the photoshoot session.
PHOTO(S) AND/OR VIDEO(S) POSTING
FLAWA retained the right to use any of the photo(s) and/or video(s) for publicity purpose and advertisements either offline or online, and generally promote the business in advertisements, website, article, magazine and other related form of publications.
OFF-SITE LOCATION(S)
In regards to off-site locations, the client would bear all the related expenses such as the transportation fee, parking fee, accomodation fee, for all the photographers, videographers and personnels involved and appointed by FLAWA for the project
CREATIVE STYLE AND VISUAL DIRECTION
For all the visuals that is produced by FLAWA and its personnels, it is acknowledge by the client(s) that it will be influenced by multitude of factors that is either within FLAWA's control, or outside of FLAWA's control.
Amongst the factors to be considered of this matter would be in terms of the time allocation of the planned tentative and the differences with the actual execution on the day of, the current lighting conditions either artificial lighting or natural lighting (of which also influenced by the weather), and other relating factors.
We also welcomes our clients to share with FLAWA and the personnels of the mood boards and inspirations, but do note everything will be taken as reference only and not to be recreated exactly by FLAWA's personnels. The given materials also will not dictate of the direction of the visuals produced by FLAWA and their personnels.
FLAWA reserve the right to execute our services as best fitted to FLAWA and its personnels, which include the decision and the visual styles of our own.
DEPOSIT
RM1000 from the sum total of the total payment upfront after agreeing to terms and conditions listed here. The deposit is made to secure and confirm the date of the shooting with FLAWA. Please note that in the circumstances of cancellation, there will be no reimbursement.
PAYMENT TERM
Deposit made upfront, remaining payment shall be made 2-3 weeks the latest prior to the event's date and additional expenses shall be claimed 1 week after the event's date. Payments shall be made according to the aforementioned term and before proceeding with any post processing on the image(s) and/or footage(s). All payments made to FLAWA is final and will not be returned under any circumstances. In the event of cancellation of project, abandonment or refuse to make payment as agreed upon in the contract, FLAWA reserve the right to make a proceeding in accordance to the law without any prior notice, and all cost will be borne by the client.
TIMELINE & SCHEDULE
It is understood by all parties involved with the contract that teaser of the event coverage would be delivered within 10 business days after events have commenced, and 2-3 months of allocated production time for the full event coverage. Any changes in the timeline would be depend on the current schedule of FLAWA and will be updated with the client from time to time closing to the 2-3 days before the end of the timeline.
CANCELLATION
FLAWA reserve the right to end the contract due to the fact of late payment and/or the failure of providing all the related information or the disregard in accordance of the contract, within the aforementioned duration of said contract. In the event of the client want to cancel the contract, they need to pay and settle the outstanding payment as agreed upon, only then the contract will be ended.
POST PROCESSING AND ALL RELATED DELIVERABLES
All images and/or videos will be processed and it is final. The first amendment is allowed, but any additional amendments will be charged accordingly. All soft copies of the files will be delivered in the highest resolution of JPEG, MP4, MOV format only. In the event of the client requesting for the RAW files, purchasing of that formats are allowed, total sum will be confirmed by FLAWA and once agreed, RAW files are given after the client(s) made the payment.
CHANGING TIME, DATES & LOCATION
In the event of the need to change the time, date and/or location, it is need to be mentioned and discussed 1 month before the scheduled session. Failure to comply, FLAWA reserve the right to end the contract and not return the deposit.
PACKAGE(S) AND/OR PRICELIST
All dealings in regard to the discussed package and respective pricelist need to be finalized before proceeding with the deposit. Any add-on for extra work or additional package(s) on the day of the shoot is strictly not permitted unless agreed upon by FLAWA beforehand. FLAWA reserve the right to decline any additional last minute or short notice add-on work, packages or services. If FLAWA decide to proceed, FLAWA can quote any price not according to the prior pricelist and this need to be agreed by the client(s) to be paid fully before proceeding. This will later be imposed on the invoice and receipt and need to be paid before receiving the total sum of all the deliverables.
WAITING/CALL TIME
Any personnel of FLAWA involved with the session need to be informed of the event's tentative, and allocation of 30 to 60 minutes of call time will be appointed on the day of the event(s).
In the event that there is a gap of time in between events, a surcharge of RM100 per hour for each personnel, will be reflected in the final invoice.
RAW FORMAT OF THE DELIVERABLES
Client shall only received all the agreed deliverables (images and/or videos) in the finalized version in JPEG, MP4 or MOV format only. RAW format of the images or any footages of any quantity is available to be purchased if the client choose so. Although files are purchased for client's usage, FLAWA still retain the rights and usage of the files.
PAYMENT STATUS
In the event of payment have been fully made of the agreed packages, no amendments will be made by FLAWA in regards to the end product or deliverables produced. By making full payment, it is acknowledge for all parties involved that client(s) have agreed with the final version of the deliverables and received the files as delivered by FLAWA. Payment would be in accordance to the agreed timeline of all parties prior to executing the project.
FILM PHOTOGRAPHY SERVICES
For one or two event(s) coverage, FLAWA will allocate within the range of 3 to 5 film rolls. For one roll of film, it would be a total of 30 to 35 frames to be used. The coverage service fee quoted is inclusive of film roll selection by FLAWA and the developing cost with lab as preferred by FLAWA. In the event of the client have preferences on the film stock selection or lab development for the films, it would be at the expense of the client themselves, and will not influencing the total service fee as per quoted by FLAWA.
FLAWA reserve the right to use any quantity of film roll(s), as deemed suitable by FLAWA's personnel in charge for the film photography services, and it may or may not be using the allocated film rolls as per stated, as different event(s) documentation work is differ from one another.
In the event of the allocated film rolls is not suffice for the event coverage, the additional fee of the film rolls, developing cost and any other related addition will be reflected back in the final invoice to the client.
FLAWA does not promise that each 30 to 35 frames of each film rolls will be picture perfect as we can not expect that every event coverage and conditions is similar with one another.
By agreeing to the film photography service by FLAWA, the client are in the understanding that they acknowledge the unforeseen difficulties that may impact the quality of work that FLAWA can execute.
UPDATED VERSION OF TERMS & CONDITIONS
It is acknowledge by all parties involved with this contract that all articles and each content in this Terms and Conditions mentioned, will be updated from time to time, to which fit by FLAWA. Failure to comply, FLAWA reserve the right to make a proceeding in accordance to the law without any prior notice, and all cost will be borne by the client.
DISCLAIMER
We do not promise that all the services provided by FLAWA will be free of any unexpected occurrence that may affected the session. In addition to that, we do not make any guarantee of the content of our services and products. The clients will bare the responsibility fully of all the equipment used during the session and if there is any mishandling or some sort which may lead to the loss of function of said equipment. FLAWA will be in no part whether FLAWA or other individual that made that guarantee of the content produced by FLAWA, be it photos, videos or any other products and services that would fulfilled the clients expectation. It is understood by all parties involved that the client will take and understand the overall risk in regards to the content produced, performance of services provided and perfection content
NO NEED FOR SIGNATURE FOR ONLINE DEALING.
ONCE THE DEPOSIT HAVE BEEN MADE, THIS WILL SIGNIFIES THAT THE CLIENT AGREED WITH THE STATED TERMS AND CONDITIONS
