Terms & Conditions
1) Copyright (material filmed by WANTONG studio)
The Copyright of all material that has been captured by WANTONG studio is solely owned by WANTONG studio and protected under Canadian Copyright Law Bill C11.
Upon completion and cleared funds, we will transfer the Copyright Ownership to the Client in some instances and upon prior agreement. This is clearly specified in your invoice and agreement.
In both circumstances, WANTONG studio will use the footage/material/media, either in sections or in its entirety, for promotional purposes. The Client should notify WANTONG studio if there are any confidential requirements before the service starts.
2) Copyright (material provided by client)
In the event of the Client providing material (video, audio, photographs, logos, etc) for inclusion into a Video by WANTONG studio, the copyright must firstly be obtained from the original copyright owner/material provider. In order for WANTONG studio to use this material, the copyright must be explicitly transferred to WANTONG studio, or the material to be provided to WANTONG studio totally free of charge and the client will have to indemnify WANTONG studio against any future possible claims, disputes, expenses or similar that may arise for a third party concerning usage of such material.
WANTONG reserves the right to use the final production in full or part content for promotional purposes.
3) Performers Release usage
At all times WANTONG studio advises and recommends its Clients to use and enforce Performers Release Forms. No discounts or liability will be accepted by WANTONG studio if the production must be re-edited due to a Performer refusing permission to show their image or use their audio in whatever form.
4）Post-Processing
WANTONG studio does not provide unedited or raw image files. Post-processing is an integral part of the photographer’s artistic style and creative expression also based on discussion and consultation with the Client, all editing decisions are made solely by WANTONG studio. Clients may request additional retouching; however, the photographer reserves the right to accept or decline such requests and may charge additional fees based on the scope of work. Only images that have been edited by WANTONG studio are authorized for use by either party.
5) Payment terms
All prices are exclusive of delivery and goods and services tax (GST) or similar tax payable except where a price is expressed to be inclusive of GST. If GST is imposed on any supply under these Terms, the Client must pay WANTONG studio the additional amount equal to the GST in accordance with the relevant valid tax Invoice.
The Client agrees to pay WANTONG studio the Price for all Goods and Services supplied under a Contract in the manner and in accordance with the payment terms set out in the relevant Invoice.
Unless the Invoice stipulates a different time for payment, the Client agrees to pay the Price and any other amounts of money payable to WANTONG studio as follows:
for video production price over $20000 Canadian dollars, a non refundable deposit of 50% of the Price upon the Client accepting the Quotation or submitting an order form; a further 30% of the Price upon approval of storyboard & scripts; and the final 20% of the Price plus additional costs 1-3 days upon delivery of the first draft version of the Deliverables.
for the rest of the services, a deposit of 50% of the Price upon the Client accepting the Quotation or submitting an order form; and the other 50% of the Price plus additional costs 7-14 days prior to project filming date (for Pre Wedding/wedding service), or 1-7 days prior to project filming date ( for commercial service), or delivery of the first draft version of the Deliverables (when the service is for editing service ONLY).
Unless specified otherwise in the Quotation, if any Additional Services are supplied to the Client by WANTONG studio, the Client acknowledges and agrees that:
the Additional Services are supplied in addition to the scope of works outlined in the Quotation;
the Client will pay the applicable Additional Costs for the Additional Services in accordance with the WANTONG studio’s current rate card at the time such Additional Services are supplied; and the Additional Costs for the Additional Services will be set out in the relevant Invoice and payable by the Client in accordance with these Terms.
The Client acknowledges and agrees that Additional Services which incur Additional Costs may include without limitation any of the following:
Music Licensing – charged per song or per video – non-commercial music licensed online;
Actors/Voice Over Artists/Talent –market rates to be determined on a per-video basis;
Physical Delivery – prices per hard drive or per USB flash storage device as set out in the current rate card;
DVD Authoring –prices determined on a per-video basis in consultation with the Customer;
Additional Hours of Shooting – extra hours can be purchased to facilitate longer shoots at the hourly rate set out in the current rate card;
Additional Video Length – extra length for each video can be purchased in 30-second blocks at the rate per additional 30-second block set out in the current rate card;
Additional Camera Operator – an additional camera operator can be provided for videos deemed to need additional personnel and will be charged on a half-day basis or full-day basis at the rates set out in the current rate card;
Courier Fees – should a courier be required for whatever reason, the Client will be charged at cost accordingly;
Parking Fees – parking expenses will be charged on a per-hour/per-day basis at the rate set out at the parking location;
Travel Expenses – travel outside a 25 km radius from WANTONG studio's business location will be charged on a per kilometer basis as set out in the current rate card;
Location Fees & Filming Permits – will be charged to the Client as applicable.
6) Approval/amendments of draft footage (one set of minor amendments)
After discussion and consultation with the Client, on the majority of projects, a 'draft 'version of the production will be forwarded to the Client for their review. This draft may receive one set of minor revisions only. Which is included in the originally agreed cost. Subsequent revisions thereafter or a major re-edit will incur an additional cost at the rates set out in the current rate card. Examples of major re-edit include, but are not limited to: partial or complete changing of rhythm and music; partial or complete changing or reshooting of filmed video footage; partial or complete changing of narration or script; addition of any material or footage that is beyond the original Contract agreement; time shrinkage or extension of a predetermined video length Deliverable; requests of video, text, image, graphic or sound effects not agreed upon at the time of mutual signing of the Contract; etc.
7) Health and Safety
In all instances,WANTONG studio will reserve the right to remove any of its personnel and/or equipment from a location if it is deemed unsafe or if they are subjected to abusive or aggressive behavior. In this instance, the Client will be liable for any costs incurred as a result of this.
WANTONG studio will observe the Client's site safety rules at all times and will liaise with the Health and Safety Manager if deemed necessary.
8) Insurance’s (people, equipment, etc)
WANTONG studio covers general liability insurance and professional liability insurance. Upgraded specific project insurance cover can be provided if required upon request.
9) Bad weather
In the event of inclement weather, WANTONG studio reserves the right to change the date of filming to a more suitable day unless on the wedding day that WANTONG Studio will find a suitable indoor place as a replacement for filming when outdoor weather is terrible on that day.
10) Aborting filming (on shoot day) or reshooting due to clients' lack of organization
In the event of filming being delayed or aborted due to a lack of organization from the Client, WANTONG studio reserves the right to charge the relevant day's filming costs. A re-visit to the site to carry out further works may incur additional costs. In case of WANTONG’s staff being unable to provide the service. WANTONG shall find a replacement vendor who will provide equivalent quality and value service on the same day for the Client, otherwise the Client will get a full refund.
11) Changing filming dates (only for commercial projects)
In the event of the Client wishing to change the shooting date under special reasons, we offer one time changing for free and $50-400 each time afterwards depending on project type. We insist on a minimum 8 weeks of notice for commercial projects. Failure to comply will result in the Client becoming 100% liable for all costs incurred. The availability of the new filming date which has to be determined on the rescheduling day by the Client is not guaranteed. WANTONG’s staff will try our best to meet the new requirement date by adjusting the schedule, but not promised.
12) Equipment substitution / failure
In the unlikely event that WANTONG studio experiences equipment failure or difficulties, all efforts will be made to find suitable replacement equipment as soon as possible. If all the equipment including replacement equipment experience any failure and cannot provide filming, the Project Cost will be refunded to the Client.
13) Works specified (as per estimate)
All works undertaken will be as per WANTONG studio’s written agreement provided in a word document by email. The Client is obligated to ensure that this is thoroughly read and understood prior to filming. Any amendments or additional works of filming will be charged at the rates as set out in the current rate card.
14) Clear access for filming
If filming venues are being organized by the Client, it is the Client's responsibility to ensure that WANTONG studio has clear access to all relevant locations required throughout the day Delays in filming may incur additional charges.
15) Exceptional Circumstances
In the event of unforeseen events, such as but not limited to: natural disasters, fires, power outages, sickness, death in the family/company, location closures, etc., it is understandably and mutually agreed between the Client and WANTONG studio that no penalties shall be imposed either way for the time of the parties, thus the Project is understandably delayed. If a unique equipment/ location rental fee or expense was incurred by WANTONG studio for that specific day, then that cost will still be added to the final Project cost, unless refunded by the third party. If such events cause the Project to be terminated, all payments made by Client will be reserved as credit to be used on a future date which is arranged by both Client and WANTONG.
16) Cancellation and Postponement
A cancellation is defined as a total cancellation of the project caused or directed by Client.
The Client could claim 50% of the paid amount as credit minus script fee/consultation fee/location reservation fee and any other out-of-pocket costs for any services that WANTONG studio provides which is valid 365 days from the cancellation date if the cancellation is given more than SIXTY DAYS prior to the commencement of the shoot.
The Client could claim none of the paid amount as credit if the cancellation is given less than SIXTY DAYS prior to the commencement of the shoot.
A postponement is defined as a rescheduling of the production to a later specific date caused or directed by Client.
A. If notice of postponement is given to WANTONG studio ONE TO TEN DAYS prior to the commencement of the shoot, the Client could claim 50% of the paid amount as credit minus script fee/consultation fee/location reservation fee and any other out-of-pocket costs and Not less than 50% of production fee on the job as bid for same services that WANTONG studio provides which is valid 365 days from the postponement date.
B. If notice of postponement is given to WANTONG studio ELEVEN TO SIXTY DAYS prior to the commencement of the shoot, the Client could claim 75% of the paid amount as credit minus script fee/consultation fee/location reservation fee and any other out-of-pocket costs and Not less than 50% of production fee on the job as bid for same services that WANTONG studio provides which is valid 365 days from the postponement date.
C. If notice of postponement is given to WANTONG studio MORE THAN SIXTY DAYS prior to the commencement of the shoot, the Client could claim 100% of the deposit as credit minus script fee/consultation fee/location reservation fee and any other out-of-pocket costs and Not less than 50% of production fee on the job as bid for same services that WANTONG studio provides which is valid 365 days from the postponement date.
The deposit is a non-refundable reservation fee with an exception of a Wedding service that can't be provided due to the sickness or any other reasons caused by the photographer/videographer which the Client will get a full refund of the deposit back in that case.