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Terms and conditions

Thank you for choosing Visual PROmotion, we take pride in providing high-quality marketing services. In order to do so, we ask that our clients read and agree to our terms and conditions regarding our release of liability and image release policies. These policies are in place to protect both our company and our clients throughout the marketing process.

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Terms and Conditions

1. Introduction

These terms and conditions govern the contractual relationship between Visual PROmotion ("the Agency") and the client ("the Client") in relation to the provision of web design, video production, and photography services ("the Services"). By engaging the Agency's services, the Client agrees to be bound by these terms and conditions.

2. Scope of Services

The Agency agrees to provide the Services to the Client in accordance with the agreed-upon specifications and timelines outlined in the meeting outline, project proposal or agreement.

 

3. Client Responsibilities

The Client agrees to cooperate with the Agency and provide any necessary materials, information, and approvals in a timely manner to facilitate the delivery of the Services.​

4. Fees and Payment

The Client agrees to pay the Agency the agreed-upon fees for the Services as outlined in the project proposal or agreement. Payment terms , not explicitly specified in the booking system, shall be specified in a separate document. ​

 

In the event of late payment, the Client shall be subject to a late payment fee of 5% of the total outstanding amount per month. Late payment fees will accrue until the outstanding balance is settled in full. The terms and conditions regarding late payment fees will be specified in a separate document or agreement.

 

5. Intellectual Property & Right to a Credit 

The entire copyright, title, and intellectual property rights of any Images will remain that of the Agency at all times throughout the world. The Agency may include your name and logo on their website, social media and general marketing materials related to the services that we provide.

 

The usage rights granted are personal to the Client and may not be assigned, nor may any image submitted to the Client be loaned or transferred to third parties (save for the purpose of the work by the Client of such reproduction/usage rights/PR).

The Agency reserves the right to refuse to supply or grant a reproduction license to a third party when requested to do so by the Client.

The Agency retains the right in all cases to use the Services covered by this agreement along with “Behind the scenes” content at any time and in any part of the world for the purposes of advertising or otherwise promoting their work. 

The Agency asserts both his moral right to be identified as the author of his work and the right to a credit (where possible) is asserted  (i.e. Please credit ‘Visual PROmotion, crediting relevant social media handles).​ ​

 

6. Liability & Indemnity

For all Services:

  • ​The Agency shall not be liable for any loss, damage, or delay arising out of or in connection with the provision of the Services, except in cases of willful misconduct or gross negligence.

  • The Agency shall not be liable for any loss or damage to the Client's property during the provision of services, including but not limited to damage to equipment, merchandise, or facilities.

  • The Agency shall not be liable for any loss or damage to equipment or gear during the course of the engagement - this is borne by the client.

  • The Client is responsible for providing a safe and suitable environment for the provision of services, including access to necessary facilities and utilities. Should the location be remote, the Agency is not liable for any loss, injury or damage to person, equipment, and merchandise. 

 

For Event Services:

  • The Agency shall not be liable for any injury, damage, or loss sustained by guests, attendees, or officials during the event, including but not limited to accidents, slips, falls, or equipment malfunctions.

  • The Client is responsible for obtaining any necessary permits or permissions for the event location and ensuring compliance with local regulations and laws.

 

For Restaurant/Menu Services:

  • The Agency shall not be liable for any damage to the restaurant location or its property during the provision of services, including but not limited to damage caused by equipment setup or teardown.

  • The Client is responsible for ensuring that the restaurant location is suitable for the provision of services and meets any specific requirements outlined by the Agency.

 

When Staff/Patrons are involved:

  • The Agency shall not be liable for any injury, damage, or loss sustained by Staff/Patron during the provision of services, including but not limited to accidents, injuries, or illnesses.

  • The Client is responsible for maintaining order and safety among patrons/staff during the provision of services, including enforcing any venue rules or regulations. 

 

In-Location Services:

  • The Agency shall not be liable for any injury, damage, or loss sustained at the location of the services, including but not limited to accidents, property damage, or environmental hazards.

  • The Client is responsible for ensuring the safety and suitability of the location for the provision of services, including addressing any potential risks or hazards.

 

In all cases, the Client agrees to indemnify and hold harmless the Agency from any claims, liabilities, damages, or expenses arising out of or in connection with the provision of the Services or any breach of these terms and conditions.

7. Image Release

The Client hereby grants to the Agency and its legal representatives and assigns, the irrevocable and unrestricted right to use and publish photographs of the Event, its guests, attendees, and officials for editorial, trade, advertising, stock, commercial and any other purpose and in any manner and medium; to alter the same without restriction; and to copyright the same. The Client hereby releases the Agency and their legal representatives and assigns from all claims and liability relating to said Services.

8. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the provision of the Services and not to disclose such information to third parties without the other party's consent.

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9. Termination

Either party may terminate the agreement upon written notice if the other party breaches any material provision of these terms and conditions and fails to remedy such breach within a specified period.
 


10. Rejection 

​Unless a rejection fee is agreed in advance, there is no right to reject the deliverables on the basis of style or composition.

 

11. Delivery

The deliverables will be available to the Client for a period of one month from the date of completion. If the Client fails to retrieve (in all forms) the deliverables within this time period or, a late fee will be applied. The late fee amount and terms will be specified in a separate document or agreement.

12. Governing Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of British Columbia. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of British Columbia.

 

13. Entire Agreement

These terms and conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter herein.

If any provision of this agreement is held to be invalid or unenforceable under the law, the validity of this agreement as a whole shall not be affected, and the other provisions of the agreement shall remain in full force and effect.

By engaging the Agency's services, the Client acknowledges that they have read, understood, and agreed to these terms and conditions.

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