TERMS & CONDITIONS

Parties and Acceptance

These Terms & Conditions form part of the agreement between Fabian Hirscher Films and the client identified in the booking form or proposal. By signing the agreement, paying the retainer, or otherwise confirming the booking in writing, the Client confirms that they have read, understood, and accepted these Terms & Conditions. Any invalid or unenforceable provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. The Company refers to Fabian Hirscher Films contractors or sub-contractors, employees or lessee. Any provision of this agreement that is held invalid or unenforceable shall not affect the remaining provisions of this agreement and such other provisions shall remain valid and enforceable while the other invalid provisions or severed provisions shall be negotiated by the parties and brought within the applicable laws. Kindly take time to read through the entire provisions of this agreement because every portion of this agreement constitutes a valid and part of this agreement. By executing, this agreement, you agree that you have read and fully understand all the terms of this agreement.

Booking, Retainer and Payment

A booking is only confirmed once the Company has accepted the booking and the agreed retainer fee has been paid. The retainer secures the agreed event date and time and compensates the Company for reserving that date and declining other work. The retainer is credited toward the total contract price. The retainer is non-refundable, except where mandatory consumer protection law requires otherwise. Unless otherwise agreed in writing, the remaining balance must be paid no later than 14 days before the event date. If the outstanding balance is not paid by that deadline, the Company may suspend performance, cancel the booking, and retain the retainer, without further liability to the Client, subject to mandatory law.

Rescheduling and Cancellation

If the Client wishes to reschedule the event and the Company is available on the new date, the booking may be moved to the new date, provided that: the new date is within 12 months of the original event date; and the Client pays a €500 rescheduling fee. Any amounts already paid will be credited to the rescheduled booking. A revised agreement or written confirmation may be issued for the new date. If the Client cancels the booking, all payments already made are non-refundable unless mandatory law requires otherwise. If the Company is unable to perform due to circumstances within the Company’s control and no suitable replacement can be arranged, the Company will refund any amounts paid by the Client for services not rendered.

Coverage, Production and Delivery

The Company will provide wedding videography services as agreed in the booking confirmation, proposal, or package description. The Company retains full creative discretion regarding filming style, shot selection, editing, music selection (where applicable), color grading, pacing, and final artistic presentation. The standard post-production and delivery timeframe is generally 6–8 months from the event date, unless otherwise agreed in writing. Delivery times are estimates and may be affected by workload, seasonality, force majeure, or delays caused by the Client. The Client shall notify the Company as soon as reasonably possible of any specific sensitivities, restrictions, or important moments that should not be included in the final film. After delivery, the Client shall review the delivered video(s) promptly. The package includes 2 revision rounds. Any additional revisions beyond the included rounds will be charged at €250 per additional revision round. The turnaround time for additional paid re-edits is approximately 14 business days per revision round. Raw footage is not included unless expressly stated otherwise. If available, unedited raw footage may be purchased for an additional fee of €250. The Company may retain backup copies of raw footage and project files for up to one year after the event date. After that period, the Company may delete such files without notice.

Creative Rights and Usage

All footage captured and all edited materials created by the Company remain the intellectual property of the Company. The Client receives a personal, non-exclusive, non-transferable license to use the delivered final video(s) for private, non-commercial purposes, unless otherwise agreed in writing. The Company may use excerpts from the footage, final films, still frames, and related content for portfolio, website, social media, advertising, competitions, and other self-promotional purposes, unless the parties agree otherwise in writing before the event. The Client confirms that they have obtained all permissions reasonably required for filming at the venue and for any performances, speeches, or other elements arranged by the Client.

Client Responsibilities

The Client is responsible for: ensuring that the Company has reasonable access to the venue(s); obtaining any necessary venue permissions or permits; informing relevant coordinators, planners, and vendors that filming will take place; ensuring that the event schedule is communicated accurately; providing a safe working environment. If coverage exceeds 5 hours, the Client shall provide a suitable vendor meal for each videographer at the same time guests are served, where reasonably possible.

Working Conditions and Limitations

The Company will use reasonable skill and care in providing the services. The Client acknowledges that the quality, scope, or feasibility of coverage may be affected by circumstances beyond the Company’s control, including but not limited to: weather conditions; venue restrictions; poor lighting; time delays; interference by guests or other vendors; restrictions relating to drones, sound, or camera placement; technical failure despite reasonable precautions. The Client is responsible for damage to the Company’s equipment caused by the Client or the Client’s guests through intentional or negligent conduct. If weather or venue conditions are unsuitable or unsafe, the Company may limit or suspend filming, including drone or audio coverage, where reasonably necessary.

Overtime

Any coverage beyond the contracted hours must be approved by the Company and, if provided, will be billed at €250 per commenced hour.

The Company is not obliged to continue coverage beyond the agreed end time unless expressly agreed on the day of the event.

Travel and Parking

Parking costs, including valet or self-parking, shall be borne by the Client where applicable. If the event takes place outside a 100 km radius of Salzburg, Austria, the Client shall also cover any agreed additional travel-related costs, which may include, where applicable: mileage or travel expenses; accommodation; flights; baggage fees; local transportation. Any such additional costs should ideally be agreed in writing before the event.

Limitation of Liability

The Company shall be liable in accordance with applicable law. The Company shall not be liable for delays, reduced coverage, or non-performance caused by events beyond the Company’s reasonable control, including illness, accident, force majeure, government restrictions, travel disruption, venue restrictions, weather, equipment failure despite reasonable backup measures, or similar circumstances. Where legally permissible, the Company’s liability for slight negligence is limited to foreseeable and typical damages and, in any case, to the total amount paid by the Client under the agreement. Nothing in this agreement excludes or limits liability where such exclusion or limitation is not permitted by law, including liability for intent, unlawful injury to life, body, or health, or any other mandatory statutory liability. If the originally intended videographer is unexpectedly unable to attend due to emergency, illness, or circumstances beyond reasonable control, the Company may provide a suitable replacement. If no suitable replacement can be arranged, the Company’s liability shall be limited to a refund of payments made for services not rendered, subject to mandatory law.

Consumer Rights

If the Client is a consumer and mandatory consumer protection law applies, any statutory rights of withdrawal, cancellation, warranty, or other mandatory rights remain unaffected by these Terms & Conditions. Where the Client expressly requests the Company to begin work before the expiry of any applicable withdrawal period, the Client may be required by law to pay a proportionate amount for services already provided if they later withdraw, to the extent permitted by law.

Governing Law and Jurisdiction

This agreement shall be governed by the laws of Austria, excluding its conflict of law rules. For disputes arising out of or in connection with this agreement, the court with subject-matter jurisdiction for Salzburg, Austria shall have jurisdiction, unless mandatory consumer protection law provides otherwise.

Entire Agreement

This agreement constitutes the entire agreement between the parties regarding the booked services and supersedes all prior oral or written discussions, understandings, or representations relating to the same subject matter. Any amendments or additions should be made in writing.

Binding Effect

This agreement is binding upon and benefits the parties and, where applicable, their legal successors and permitted assigns.

Signature

By signing below, the Client confirms acceptance of these Terms & Conditions.